Income Tax Documents Missing From National Archives
Underway: Operation “What's Left?” -- More Volunteers
July 19th: Be
There! Push Is Coming To Shove
After years of government
stonewalling in providing answers to basic
questions about the fraudulent origin and illegal enforcement of the income
tax system, another layer of the tax fraud has now been uncovered:
thesystemic removal of key legal and historical documents from the
National Archives related to the meaning of “income” within the 1916
Income Tax Act, which was adopted by the political branches following the
ratification of the 16th (Income Tax) Amendment in 1913, and the
Supreme Court’s 1916 interpretation of “Income” within the meaning of the 16th
From the homepage of the National
Why This Is So Offensive and Tyrannical?
Some People say the 16th
Amendment does not give the government the power to impose a labor tax – a
direct, un-apportioned tax on an individual’s income earned from his labor,
and measured by his salary, wage and compensation. Among those saying this
are the United States Supreme Court, and ALL people quoted in the years just
prior to and just following the adoption of the 16th Amendment,
including those quoted in the Congressional Record, Law Reviews, the Journal
of Political Science and the New York Times.
Other People say the 16th
Amendment to the U.S. Constitution gives the government the power to impose
a direct, un-apportioned tax on the People’s labor, as measured by salaries,
wages and compensation. Among the people saying this are lower court judges,
those at the IRS and DOJ, H&R Block, tax attorneys, intimidated jurors and
the news reporters who quote them.
from the congressional committees, the Treasury Department and the White
House were saying in their written correspondence in the years 1913-1916
would prove invaluable in resolving this conflict.
America’s current money and tax policies have
their roots in the events that occurred between
1913 and 1917. In those years the political branches of the government gave
America a central bank (the Federal Reserve System) and the Income Tax. Some
say the income tax provides the central bank with what is referred to in the
world of finance as “lender security,” removing all risk of non-payment by
the government of the principal and interest on the money the central bank
lends to the government by taxing and taking the “first fruits” of the labor
of all Americans.
Here, in this
article, we are only interested in the income tax.
Prior to the adoption of the 16th
Amendment, the taxing clauses of the Constitution gave Congress two taxing
powers: 1) the power to impose uniform indirect taxes (such as the
uniform excise tax on gasoline and the
uniform tariff on steel; and 2) apportioned direct taxes (such as a
In 1913 the 16th
Amendment was purportedly ratified. It reads, “The Congress shall have
power to lay and collect taxes on incomes, from whatever source derived,
without apportionment among the several States, and without regard to any
census or enumeration.”
Notice, the 16th Amendment
does NOT say, “Congress shall have the power to lay and collect
DIRECT taxes without apportionment”. Any reasonable person would agree that
the power to impose a DIRECT, UN-APPORTIONED tax would be a new power,
not granted by the original taxing clauses of the
Constitution, that would forever fundamentally alter and remove one of the
most powerful limitations on our government.
Eventually, the Supreme Court got around to defining the word “income”
within the meaning of the 16th Amendment -- but not before 1916.
just months after the “ratification” of the 16th Amendment (the
Income Tax Amendment), the political branches adopted the Income Tax Act of
1913, within which the political branches deliberately stretched the
constrained authority of the 16th Amendment, by laying and
collecting an UN-APPORTIONED tax directly on People’s labor as measured by
their salaries, wages and compensation, AND by instituting withholding at
However, in 1916, the Supreme Court
brought the action of Congress and the Executive branch to a screeching
halt. The Supreme Court ruled in Brushaber (and the cases bundled
with it), that the 16th Amendment gave Congress
no new taxing power (a direct tax on labor without
apportionment would be a new taxing power, not granted by the taxing clauses
of the original Constitution), and that “income” within the constitutional
limitations of the 16th Amendment is corporate gain or profit,
and passive and “unearned” income from real estate and investments.
NOTE: The ability to tax passive income from investments and real estate (by
nature an indirect, excise tax) was the only rationale given by those behind
the ratification of the 16th Amendment, prior to its
ratification. The publicly stated aim by those proposing the 16th
Amendment was the power to tax “accumulated wealth.”
immediately following the Brushaber decision, Congress amended the
Income Tax Act, to bring the law into compliance with Brushaber.
Our interpretation of the language of the 1916 Act (amended in 1917), when
read together with the language of the Brushaber
decision, is that the 1916 Act brought the law into compliance with Brushaber
in three ways: first, by explicitly stating that the "income" being taxed
under the 1913 Act is not the same as the "income" being taxed under the
1916 Act, the 1916 Act removed a tax imposed by the Act of 1913 (the direct,
un-apportioned tax on labor as measured by salaries, wages and
compensation); second, it outlawed the withholding of wages from the
paychecks of citizens; and third, it directed the Executive Department to
refund the monies withheld in 1917.
However, the political branches and
the central bank were not going to give up the labor tax too easily. In
Section 25 of the Federal Income Tax Act of 1916, Congress
merely declared that the "income" subject to the 1913 Act was not the
same “income” to be taxed under the 1916 Act. However, Congress did not
go any further in defining what, specifically was taxable and what was NOT
taxable. Why not? We believe the reason is that the political branches
wanted to perpetuate the labor tax, which is what they have now been getting
away with for 87 years.
The National Archives
historical record of the political branches is maintained in the national
archives by the U.S. National Archives and Records Administration (NARA). Click
here for NARA’s web site.
Warehoused in two
separate facilities in the Washington DC area, are the historical records
documenting the entire administrative and legislative history of the United
States. Literally millions of documents record the process of governing this
nation from the birth of our Republic and record, for all time, the inner
workings of our servant government. The archive contains, (among many
things), inter-office correspondence, legislative reports,
inter-departmental memos, internal analyses, legal opinions, committee
The definition of “Income” within
the meaning of Section 25 of the 1916 Income Tax Act would certainly be
found in the correspondence of the House Ways and Means Committee and in the
correspondence of Chief Counsel’s Office at the Department of Treasury for
the years 1913 through 1917. For sure, the true
meaning of Section 25 of the 1916 Income Tax Act would be found in that
correspondence. It is inconceivable that the Treasury Department and the
finance committees would not have been in the thick of all these legal
developments having to do with money and taxes during 1913, when the 16th
Amendment and the 1913 Income Tax Act were passed, and in 1916-1917, when
the Brushaber decision was handed down from the Supreme Court and the
Income Tax Act of 1916 was passed and amended.
Now, A Cover-up
representatives of WTP went to the National Archives to pull the
correspondence of the Office of Chief Counsel for the Treasury Department
and for 1913 through 1917.
The index of records showed the
records were available for 1903 through 1912 and for 1918 and after.
However, the index contained the statement “No Longer Available,” for the
years 1913 through 1917.
same time, the researchers requested the correspondence for the House Ways
and Means Committee for 1916. What was received was a box with a large,
but empty envelope marked “Retained.”
researchers found additional instances of record deletions where, despite
the fact the records appeared available in the Archive index – it was
discovered after the record group was physically “pulled” from deep storage
in the archives, that it was EMPTY.
inconceivable – and intolerable -- that the official records documenting the
planning, strategizing and legal communications of the Department of
Treasury and congressional committees during the implementation of the
single most oppressive and controversial function of government known to
Americans are simply “No Longer Available.”
Management level archivists at NARA
were unable to explain these gaping holes of missing records
In effect, individuals, in explicit violation of federal law, have, since
1992, been systemically DELETING evidence from the official records of
this nation – in an attempt to rewrite history – and to conceal the
fraud that has been perpetrated by our government for almost 90 years.
Operation “What’s Left?”
WTP intends to
pull many more records from numerous Record Groups at both Archive II (where
the records of the Treasury Department and the IRS are located) and at
Archive I (where the records of congressional committees are located). We
intend to determine what, if any, historical records are left (and which are
missing), regarding the constitutional and statutory “authority” of the
government to impose a labor/slave tax, in the government’s own words.
An objective of
this project is to determine the intent of the framers of the 1913 and 1916
(amended in 1917) Income Tax Acts, by obtaining from the Legislative and
Executive branches, official memoranda, notes, letters, reports and other
records from the period 1913 through 1917.
the specific Record Groups, the methodology will include a review of the
file indices at Archive I and Archive II, the preparation of pull sheets for
the records of interest, the review of the records pulled, the selection of
the records to be scanned, the scanning of the selected records, and the
preparation of a report.
of this project, using a similar methodology, is to determine the
government's rationale, if any, for the lack of Federal Register publication
of any Treasury Directive Orders or regulations specifying the
organizational structure of the Internal Revenue Service and authorizing the
collection of income taxes from people living and working within the
external boundary of the 50 united states.
WTP has leased a six-bedroom house
in College Park, Maryland for two months, beginning June 15th, at
a cost of $5,000. We have also leased furniture and furnishing for the house
at a cost of $3,000. Finally, we are leasing computer and document
management equipment for several thousand dollars.
The Research Team
will use the house as they participate in the project. We will lease a
second house if necessary.
A trained researcher from
Texas will manage this project
for the We The People Foundation for Constitutional Education, Inc.
Initially, eight WTP members will be arriving this weekend. Early next week
they will be photo ID’d and receive their NARA Research Cards (a five minute
process). They will split into two teams to review the historical
documents of interest.
This initial group will work the 21st
through Friday the 26th or longer – their choice.
Some replacements are needed for the
following week. Someone from the first week will remain in town to see that
the second group is “carded” and set up properly. This process will need to
be repeated each week, until July 15th or longer.
professional dress is preferred at least for the first day there. After
that jeans or shorts are ok.
Team members are asked to bring the
computer and a scanner, if possible (recommend either a Canon or MircoTech)
#2 pencils or
Quarters to use
the Archive lockers
items are prohibited in the archives; however they can be stored in the
No Ink Pens
No blank sheets
of paper, NOTE: any non-blank paper has to be approved and stamped before
allowed into Archives.
No cell phones
WTP is looking for volunteers to
go to Washington for multiple-day segments through August 14th to
help with this important research project. Teams of participants will be
organized between the two primary archive facilities and will help during
“office hours” with the examination and copying of records. Examination of
records will involve reading many legal documents and identifying target
documents for additional evaluation, review and retention.
If you have an interest in
participating, please contact the WTP office via e-mail at
Although you need not be an
“official” legal researcher to participate, individuals that are not
familiar with the subject matter or are uncomfortable with examining large
quantities of historical correspondence should probably refrain from
your response, we will lease a second multi-bedroom house, not far from the
Thousands Needed In DC on
July 19th : Be There!
Make you plans NOW to be in Washington DC on Monday, July
19, 2004 for a vitally important one-day WTP event.
You will recall that on May 10,2004,
we sent letters to President Bush, Senator
Kerry, Treasury Secretary Snow, Attorney General Ashcroft and IRS
Commissioner Everson, respectfully requesting that they send a
representative to meet with us at the National Press Club and to answer the
few questions we included with the letters.
You will recall that we also attached the latest and
damning evidence in support of our position that the government has no
authority to force companies to withhold money from the paychecks of their
workers and to turn that money over to the IRS, and the government has no
authority to force workers to file a tax return and to pay a tax on their
labor measured by their salary, wages and compensation.
Finally, you will recall that we respectfully advised the
officials that if this opportunity turns out to be as fruitless as our prior
attempts to have our questions answered we will file a motion in the
District Court to enjoin the IRS and DOJ from engaging in any further
enforcement actions against those who fail to withhold, file and pay the
labor tax, until the underlying issues in our Right to Petition for Redress
lawsuit are determined by the court.
We are leasing the main ballroom at the National Press
Club for July 19. The agenda is taking shape. The morning is set aside for
the discussion with the government’s representatives and/or a discussion
with constitutional scholars. If the government does not send any
representatives to answer our Petition questions, we will march from the
National Press Club to the federal District Court to file the motion for
injunctive relief, attaching all of our evidence regarding: a) the
fraudulent origin and illegal operation and enforcement of the income tax;
b) our Petition for Redress of Grievances and government’s failure to answer
our questions and to justify its behavior; and c) THE TAMPERING WITH THE
EVIDENCE GOING ON AT THE NATIONAL ARCHIVES.
In all likelihood, this will be the most important
step in the now five-year long Petition process. Push is now coming to
shove. It will be important to have an overflow crowd at the National Press
Club (the ball room can seat 400), and thousands joining in on the march to
the court house.
WTP encourages all those who withhold and pay the labor
tax out of fear and the hundreds of thousands of people who have stopped
filing and paying to join us. Let’s stand together.
We will have more to say about the July 19 event in an
article we will post tomorrow.
Here to make a donation and help fund the National Archives
research and the
historic Right To Petition lawsuit and public awareness project. You have
our sincerest Thanks.