ARE YOU AN INDIVIDUAL that is subject to title 26, Income Tax US Code?

In your letter you state that you are concerned with the administration of Subtitle A—Income Taxes PART I—TAX ON INDIVIDUALS § 1 as it applies me and my private property, of a place called Missouri of the United States of America. I am an Indigenous American man who is not an “individual” defined under Legislation of Congress at 5 U.S.C. § 3331, unlike the President of the United States, under Oath of Office with a duty to pay “Taxes.”

A law is a command from a lawgiver to the entities subject to it. It means what it meant to the lawgivers. We might have trouble discovering the meaning of definitions of their terms and words, confusing ourselves with our being un-education on the language of law, but the duty of a person is to the meaning of the lawgivers for the territory owned by the United States of America, not to our own, even if all the one American people have is our English common language meaning that we strive to bring into congruence with what the lawgivers meant.

An “individual” is a person over which the Congress has legislative power. That individual is found in Article IV of the Northwest Ordinance of July 13, 1787 to be inhabitants and settlers of territory owned by the United States of America. The “individual” with a duty to pay “Income Taxes,” as an “employee” of territory and places used for military purposes, under the jurisdiction of the United States of America, is defined by Congress at 26 U.S.C. Chapter 68 §6671(b,):

(b) Person defined-    The term “person”, as used in this subchapter, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.

Those officers and employees, with a duty to pay taxes are further defined pursuant to 5 U.S.C. PART III Subpart A CHAPTER 21 § 2105:

§ 2105. Employee-    (a) For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—

(1) appointed in the civil service by one of the following acting in an official capacity—

(A) the President;

(B) a Member or Members of Congress, or the Congress;

(C) a member of a uniformed service;

(D) an individual who is an employee under this section;

(E) the head of a Government controlled corporation; or

(F) an adjutant general designated by the Secretary concerned under section 709 (c) of title 32;

That “person” who takes the 5 U.S.C. §3331 Oath of Office is defined by Congress under Historical and Revision Notes is the “individual,” under a duty to file the 1040 form U.S. Individual Income Tax Income Tax Return to pay “Income Taxes”:

All but the quoted language in R.S. Sec. 1757 is omitted as obsolete

since R.S. Sec. 1757 was originally an alternative oath to the oath

prescribed in R.S. Sec. 1756 which oath was repealed by the Act of May

13, 1884, ch. 46, Sec. 2, 23 Stat. 22. The words “An individual, except

the President, . . . in the civil service or uniformed services” are

substituted for “any person . . . either in the civil, military, or

naval service, except the President of the United States”. The second

sentence of former section 16 is changed to read, “This section does

not affect other oaths required by law.”

Standard changes are made to conform with the definitions applicable

and the style of this title as outlined in the preface to the report.

The appointed President of the United States of course takes the Oath of Office found at Article II Section 1 Clause 8 of the 1787 Constitution for the United States of America. That individual’s only duty is defined at Article I Section 7 Clauses 2 & 3 to approve or disapprove of Legislation created by the United States of America in Congress assembled of the Confederacy.

The federal income tax is a tax imposed on the “individual,” at Section G of the 913 Tariff Act, of a corporation as defined by Congress pursuant to Title 28 U.S.C. §3002(A)(B)(C):

(15) “United States” means—

(A) a Federal corporation;

(B) an agency, department, commission, board, or other entity of the United States; or

(C) an instrumentality of the United States.

The only area that Congress has plenary legislative power over is the District of Columbia, the territories and possessions and needful buildings like Post Offices, forts, magazines and other corporate buildings it owns, the same place which the federal corporate named “The State of Missouri” or any of its equivalent chartered subdivision, created within district and division boundary lines by counties, have concurrent jurisdiction.

This is confirmed at Article I Section 4 of the 1945 Constitution of the United States State of Missouri revised August 28, 2010:

Section 4. That Missouri is a free and independent state, subject only to the Constitution of the United States; that all proposed amendments to the Constitution of the United States qualifying or affecting the individual liberties of the people or which in any wise may impair the right of local self-government belonging to the people of this state, should be submitted to conventions of the people.

Which means the territorial component, Article I Section 8 Clause 17 of the Constitution for the United States of America of 1787, of the “State of Missouri” is the federal land within the boundary line of a place called Missouri as defined by Congress pursuant to 18 U.S.C. Chapter 1 §5:

“The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.”

The “United States” federal corporation named “The State of Missouri” was incorporated, by Legislation of the United States of America in Congress assembled, into the this Union by a solemn public act signed by the appointed President of the United States, James Monroe, on the tenth day [L.S.] of August, 1821, and of the Independence of the United States of America.

Employees, whether elected or appointed to an office of honor and profit under the United States of America, are limited to performing work with no discretion in its execution. The President of the United States is such an individual. His only constitutional duty is to approve or object to Bills passed by Congress. The Secretary of the Treasury is appointed and confirmed as well as the Commissioner of Internal Revenue, but neither individual has ever been duty bound, appointed by a President of the United States of America and confirmed by the Senate, to assess or collect internal revenue.

The office of that assessor and the assistant assessor were abolished on December 24, 1872 and the duties of those officers were transferred to the Collector of Internal Revenue and his assistant, so you see, until 1952 the Collector of Internal Revenue was limited to the territory subject to the exclusive jurisdiction of the United States of America.

The abolition of the Collector of Internal Revenue and his deputy in 1952 made it impossible to demand payment of any alleged tax debt. Since 1952 no Collector of Internal Revenue appointed by the President of the United States of America and confirmed by the Senate has demanded that federal taxes be paid, so federal taxes are voluntary. This is confirmed by the 24th Amendment to the Constitution for the United States of America Ratified 1/23/1965:

1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

The President of the United States of America and the Senate has no authority or power of Legislation over human beings and their land except if of territory that is actually owned by the United States of America. Workers of “government” who are not appointed and confirmed do not take an Oath of Office they simply do what they are told. Employees, whether civil or military, can only tell a human what to do when that human is on the employees’ property.

ORGANIC LAW, FOUNDATIONAL LAW, LAW OF THE LAND (TERRITORY) AND THE OWNERS (PEOPLE OR ENTITIES),

A law means what it meant at the moment of enactment. That event is frozen in eternity. Nothing that happens in the Universe can change what happened or what it meant when it did. There can be rescissions or amendments to the Articles of Confederation of November 15, 1777, but those are new laws. They might displace the old laws in territory owned by the United States of America but they don’t change their meaning within the confines of the four Organic Laws of America; the Declaration of Independence of July 4, 1776 and the Articles of Confederation of November15, 1777 of the United States of America and the Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787 which becomes the Constitution of the United States when nine States of the second Union of government, proprietary and territory owned by the United States of America, under a Military Order of the Confederacy to form a more perfect Union of “United States” for the United States of America.

Legal practice is what people actually do. All the court decisions and opinions are not the law. They are legal practice. They cannot change the law. People are supposed to conform their practice to the law of territory owned by, ceded and titled to the United States of America, but even if they strive diligently there will always be some departures from it. Those departures are legal practice, not the law.

Now a legal realist will claim that it is only legal practice that matters, and that the only value of the law is to help predict what judges are going to do. Sorry, but I have never, nor will I ever take an oath to preserve, protect, and defend the opinions of legislatively created judges. If they get it right, great, if not their actions are unlawful, null, and void, no matter how many troops may try to enforce their decisions.

The purpose of George Washington being elected to the Office of President of the United States of America appointing himself to the appointed employee of the Office of President of the United States was to combine enforce legislation of the Congress with the military power of the United States of America. The Executive Office of President of the United States requires no Oath of Office as it amends the Articles of Confederation of November 15, 1777 at Article II. Instead of being signatory to the Article IV Clause 3 oath to support “this Constitution,” He takes one to preserve, protect and defend the Constitution of the United States thereby combining the Commander in Chief of the Military with the Legislative duties of the President of the United States.

The qualification, “fourteen Years a Resident within the United States” pursuant to Article II Section 1 Clause 5, of Office of President is too early to fill by anyone elected to the first “government,” -1776 + July 4, 1776 = 13 years, and that Office remains vacant as of today. The Constitution of September 17, 1787 is therefore never adopted by any government and the United States of America in Congress assembled is the federal government under the Articles of Confederation of November 15, 1777 except of territory and other property owned by and under the jurisdiction of the United States of America.

CONCLUSION

You must agree with me that because I have not filed a return for two consecutive years and paid the tax on the return as a gift to the United States of America, pursuant to 26 U.S.C. Section 6631(h) Illegal Tax Protestor Designation, that I am not a person with a duty to file a 1040 Individual Income Tax Return, Internal to the United States located within the District of Columbia, and should be left alone. I can find no requirement, under legislation or the English common Law, of a human being with a duty to file a federal or “State of Missouri” Income Tax return after the late Treaty of Paris of 1783.

Human Beings were never supposed to have any relationship with “government”. Remember that the states created the Confederacy who in turn created the “United States” when nine States of the second Union of States ratify this Constitution of September 17, 1787. This Constitution is never adopted by any “person” or “individual” and it becomes the Constitution of, territory and places owned by the United States of America, the United States.

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.