V for Vote Ron Paul *READY!* profile picture

V for Vote Ron Paul *READY!*

I am here for Friends and Networking

About Me

ATTN: FBI, CIA, BATF, AND ANYONE ACTING UNDER THE COLOR OF LAW; YOU ARE HEREBY WARNED: DO NOT ATTEMPT TO VIOLATE MY RIGHTS UNDER THE CONSTITUTION. ANY ATTEMPT TO TAP, TRACE, OR ANY OTHER UNCONSTITUTIONAL ACTS WITHOUT "PROPER WARRANTS" WILL BE CONSIDERED TRESSPASSING AND AN ATTACK ON MY PERSON OR MY POSSESSIONS AND CRIMINAL CHARGES WILL BE FILED
“All laws which are repugnant to the Constitution are null and void” (Marbury vs. Madison. 5 US (2 Cranch) 137,174,176, (1803)
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” (Miranda vs. Arizona, 384 US 436 p.491.)
“An Unconstitutional Act is not law; it confers no rights: it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” (Norton vs. Shelby County 118 US 425 p.442)
OATH OF THE FREEDOM FIGHTER
by James Stuart Kelley
Upon My Sacred Honor I Shall Fight To The Death To Remain Free
No One Shall Govern Me I Shall Submit To No Authority
There Is No Question In This Matter I Shall Always Refuse To Obey
I Shall Face My Enemy Squarely When He Attacks
I Shall Counter-Attack When He Rests
I Shall Press The Battle
And When The Time Comes That I Face My Final Departure
I Shall Take My Enemy With Me
For He Is A Creature Without Mercy And He Deserves None
Voilà! In view, a humble vaudevillian veteran, cast vicariously as both victim and villain by the vicissitudes of Fate. This visage, no mere veneer of vanity, is it vestige of the vox populi, now vacant, vanished, as the once vital voice of the verisimilitude now venerates what they once vilified. However, this valorous visitation of a bygone vexation stands vivified, and has vowed to vanquish these venal and virulent vermin vanguarding vice and vouchsafing the violently vicious and voracious violation of volition. The only verdict is vengeance; a vendetta held as a votive, not in vain, for the value and veracity of such shall one day vindicate the vigilant and the virtuous. Verily, this vichyssoise of verbiage veers most verbose vis-à-vis an introduction, and so it is my very good honor to meet you and you may call me V.
"It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress." -Mark Twain
"It is dangerous to be right when the government is wrong." -Voltaire
"Government is not reason and it is not eloquence. It is force! Like fire it is a dangerous servant and a fearful master. Never for a moment should it be left to irresponsible action." -George Washington 1732-1799, First President of the USA
"Fear is the foundation of most government." -John Adams 1735-1826, Second President of the USA
NOW LISTEN TO THIS SPEECH FROM THE MOVIE "V FOR VENDETTA" AND CONSIDER HOW IT APPLIES TO MODERN DAY AMERICA.

My Interests



I am opposed to ALL gun control laws including gun registration. I am also opposed to foreign troops on our soil. I am not Anti-government. I am not racist. I am not anti-Semitic. I love our country. I love liberty. I want to restore America to the Constitutional Republic, which our Founding Fathers created.I can be reached by email at [email protected]

this address will take you to a petition to get rid of Bush's July 17th Executive Order

http://digg.com/politics/STOP_Bush_Executive_Order_Destroyin g_Property_Rights_of_Americans



Main Entry: free·dom Pronunciation: 'frE-d&m Function: noun 1 : the quality or state of being free: as a : the absence of necessity, coercion, or constraint in choice or action b : liberation from slavery or restraint or from the power of another : INDEPENDENCE c : the quality or state of being exempt or released usually from something onerous d : EASE, FACILITY e : the quality of being frank, open, or outspoken f : improper familiarity g : boldness of conception or execution h : unrestricted use

WHAT IS GOING ON WITH THE HOUSING MARKET, THE PRICE OF DOLLAR & GOLD, THE COMING FINANCIAL SITUATION, & THE SOLUTIONS?

Faced with a moral and ethical dilemma, former investment banker, Registered Financial Principal with the N.A.S.D. and a Broker/Dealer, Securities Underwriter, Real Estate Developer, Insurance Broker and Publisher, who was invited into the power elite, turned his back on his former associates to walk an entirely different path.

I'd like to meet:

mark twain, guy fawkes, martin luther king sr. and jr., kurt cobain, andy warhol, rosa parks, teddy roosevelt, benjamin franklin, albert einstien, bill gates, elvis presely, george herman ruth (the babe), ralph nader, ron paul, bill richardson, the first 5 presidents, and basically any major political figure dead or alive, freedom fighter, and those who i would like to accuse.

NOW HERE IS "LOOSE CHANGE" PLEASE WATCH IT WITH AN OPEN MIND. AFTERWARDS THERE IS THE 5 PART INTERVIEW WITH THE MAKERS OF THE FILM DEBATING GUYS FROM POPULAR MECHANICS ABOUT THE FILM.

INTERVIEW WITH MAKERS OF "LOOSE CHANGE" PART 1

INTERVIEW WITH MAKERS OF "LOOSE CHANGE" PART 2

INTERVIEW WITH MAKERS OF "LOOSE CHANGE" PART 3

INTERVIEW WITH MAKERS OF "LOOSE CHANGE" PART 4

INTERVIEW WITH MAKERS OF "LOOSE CHANGE" PART 5

TELL THE TRUTH

TELL THE TRUTH: VERSION 2

A BLUNT WARNING TO OUR GOVERNMENT AND OUR MILITARY:

In our nation of 300 million people, there are at least 95 million lawful gun owners. Those 95 million guns owners lawfully possess 212 million firearms.

Even if the government recalled ALL military members from around the entire world, they would have a force of only about two million.

95 million gun owners versus 2 million troops. I think we all know how this would turn out: the government would be slaughtered.

In fact, if only ten percent of the 95 million gun owners had guts enough to fight, we would still outnumber the military almost 3:1.

We The People of the United States aren't the least bit worried about government tanks and planes, those tools are useless in guerilla warfare. Want proof? Iraq! The U.S. government is getting its ass kicked over there. Government wouldn't last a week if they tried implenting this plan here.

Government would do well to remember they exist at the whim and behest of the American people. Government in this land exists to serve us as we direct.

The power government wields belongs to The People. We The People merely LEND part of our power to government and we have the absolute right to take that power back at any time we deem appropriate. In fact, the founding fathers made clear we can take it back in any MANNER we deem appropriate! That's why they gave us the Second Amendment!

If the U.S. government or military dares attempt to implement tyrannical plans, they should expect to be killed.

This Patriot's Code of Conduct

Article I

I am an American, fighting for the freedoms which guard MY country and way of life. I am prepared to give my life in defense of the fundamental principles that are outlined in the Bill of Rights and the Declaration of Independence.

Article II

I will fight without regard to rule or regulation. My enemy does not fight fair, so it is fair that I fight just the same. I will never surrender of my own free will. I will never surrender to tyranny or oppression. If I do not have the means to resist, I will never stop acquiring the means to which I may resist. In this end, I will be the best example that I can for other patriots. I will honor myself with these actions until I am free or dead.

Article III

If I am captured or oppressed, I will resist by all means, my imagination will be my only limitation. I will make every effort to escape and to aid others to escape. I will accept neither parole nor special favors from my enemy.

Article IV

If I become a prisoner of tyranny, I will keep faith with my fellow patriots. I will give no information or take part in any action which might be harmful to other patriots. I will take command of myself and will independently back up other patriots in any way I see fit, even through temporary groupings with other patriots. At all times I will remain a free-thinking individual.

Article V

When questioned, should I become a prisoner of tyranny, I will give my name and state of citizenship. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to America's Bill of Rights or harmful to other Patriots or OUR DUTY to protect OUR republic.

Article VI

I will never forget that I am an American dedicated to the principles which make my country free. I will trust in myself and hope other Patriots will return our republic with or without me.

AN ETHICAL CODE FOR A PEOPLE OF LIBERTY

"It is an axiom repeatedly proven empirically throughout history that people will have the sort of government they are fitted to, and that "in order for a government to exist that seeks only to maintain an atmosphere of liberty for its citizens there must be a virtuous and vigilant citizenry."

So, virtue and vigilance are the primary requisites necessary to the establishment and maintenance of liberty in human society. It can be further drawn from the above maxim that a people lacking in these essential qualities will have something other than liberty. What they will have is a life that is subject to the capricious whim of their political masters. What they will have, in lieu of liberty, is slavery. What they will have materially is only those crumbs which fall from the tables of their masters, and only if those masters choose to allow them even that small dainty. The most unfortunate facet of this bleak image of human existence is that it will not only be those lacking in virtue and vigilance that will suffer this depredation at the hands of criminal tyrants, but also that core of people who somehow manage to maintain a level of personal virtue and understanding. The rest are fitted to slavery and the iron fisted rule of the tyrant by virtue of the fact that they lack the essential qualities necessary for liberty. However, those not lacking therein must live lives of slavery, conscious of the fact that they are suited to something more, simply because too many of their fellow country-men have abrogated their ethical responsibilities to remain virtuous and vigilant. Furthermore, these virtuous and vigilant ones must take great care not to become known for what they truly are by the powers that be, for nothing is a greater threat to tyrants than someone who possesses the qualities essential to liberty, and is able to perceive the webs they weave to keep the people trapped in a state serfdom.

The virtuous and vigilant one cannot, however, help but to yearn for freedom; cannot help but to draw others of his ilk toward himself. This one and his fellow-travelers will form secret societies for the sole purpose of being able to converse with likeminded compatriots. These secret discussion groups will not, however, long remain content with mere speech and secret self-expression. Soon they will begin to concoct plans for the subtle spreading of their heretical doctrines, and as their numbers grow they will begin to formulate other plans as well. These are the plans that tyrants truly fear, for once enough people have joined the ranks of the virtuous and vigilant they will soon have a revolution on their hands. Tyrants REALLY hate revolutions. If the revolution is successful, and the freedom-fighters are able to establish a government built upon firm foundations, a new age of liberty and freedom may be ushered in. How to maintain this state of affairs? How to keep liberty healthy and vibrant? How to keep the seemingly inevitable cycle of corruption, complacency, greed and chaos, ending in tyranny, from repeating?

It seems that an ethical code for a people of liberty must be firmly established and widely disseminated. It must be understood by as many as possible that to cease to be virtuous and vigilant is to cease to be free; to cease to be virtuous and vigilant is to invite the venal and vicious to make slaves of all the people.

Could it be truly said that to willfully enslave another is an unethical act? If so, it is the equivalent of stating that to cease to be virtuous and vigilant in a society of liberty is to commit a criminal act against the life, liberty and property of one's fellow-citizens. The exact proportion of virtue and vigilance in society is the determinant of the degree of political liberty that society can expect to enjoy. Every act by any citizen contrary to the principles of liberty is an invitation for government to exercise its legislative, executive and judicial prerogatives. As the exercise of that power grows in frequency it will tend to attract that element of society that seeks after power and authority over others. While it is true that in an atmosphere of tyranny, the virtuous and vigilant will meet in secret, and the seed of liberty will gestate until the time of its birth is ripe; so to, in an atmosphere of liberty, the venal and vicious will conspire to overthrow the obstacles keeping them from attaining their primary passions: power and privilege. What are these obstacles standing in their way? Why, virtue and vigilance of course. But what are these oft mentioned principles? This paper's main purpose is to illustrate the need for virtue and vigilance in society in order to maintain liberty, but this cannot really be accomplished without at least a short exposition upon their meaning in the context of liberty. There is space only for a thumbnail sketch of these matters here, so a thumbnail sketch will have to suffice.

Virtue

"Men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their appetites; in proportion as their love of justice is above their rapacity; in proportion as their soundness and sobriety of understanding is above their vanity and presumption; in proportion as they are more disposed to listen to the counsel of the wise and good, in preference to the flattery of knaves. Society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things, that men of intemperate minds cannot be free. Their passions forge their fetters."

Virtue, in the political economy of liberty, boils down quite simply to the practice by the citizenry of a form of civic "golden rule". This is basically a live and let live, do unto others only as you would have others do unto you attitude. This virtue includes a recognition on the part of the people that all other citizens are to be left alone in their private affairs so long as their activities do not endanger or violate the lives, liberties or properties of other citizens. It is vital in a truly free society that people learn to realize that humans are imperfect (including themselves), and will therefore act imperfectly. Part of the price of freedom is learning to live with the perceived imperfections of one's fellow-citizens. At that moment when one segment of the population is deluded into believing that the blunt instrumentality of government should be used to force another citizen to accept their own viewpoint on matters not directly related to the protection of life, liberty and property, and succeeds in usurping the power of government to that end, you can be certain that the end of liberty is in sight. At that moment, society will begin to splinter into warring factions, all seeking to manipulate the machinery of government to the end of forcing others to swallow their own little pet ideas, philosophies or goods and services.

Now, having touched upon the interpersonal attitude of virtue necessary in a free society I will turn to the inner realm of virtue.

"A free people, with greater opportunity to misbehave than a people in shackles, needs the guidance of an inner force to replace the lack of external restraint. And virtue cannot come from within, or truly be virtue, unless it is voluntary and people are free to choose it."

A truly free society is really only a collection of individually free peoples bound together by a common government for the purpose of the protection of life, liberty and property. In order for there to be a free people in the collective sense, there must of necessity, be a preponderance of truly free individuals. What does this mean? Because "society cannot exist unless a controlling power upon will and appetite be placed somewhere" a free people must be a self-governing people. A free people must be able to control themselves. Otherwise, an outside agency will have to step in and control them for the ostensible good of all. John Adams said that "Liberty can no more exist without virtue and independence than the body can live and move without a soul." So, in order for there to be true liberty, a person must first be independent; that is, be able to exercise the power of free-will. To remain at liberty that person must exercise that free-will, and with it choose personal virtue; a personal restraint upon the dark side of his nature. If a person cannot or will not do this for himself his personal licentiousness will spill out into the realm of interpersonal society. If enough people in society cannot or will not govern their own behavior, and liberty slips into widespread licentiousness, farewell to freedom.

When the preponderance of the people choose to wallow in the swine pen of extreme luxury, greed, venality, untruthfulness, faction, litigiousness, idleness, gluttony, intemperance, and a legion of other furies, it cannot and will not fail to rend to pieces any free society. Such a people is ripening for tyranny. At first this will manifest itself in the form of ballooning government bureaucracy and power. Sumptuary laws will be passed to bring the people to heel, like dogs. As Tacitus said "the more corrupt the state, the more numerous the laws." And I will add: the more numerous the laws the more need of ever expanding governments to enforce them. These laws will not work, of course, because you cannot force people to be virtuous. They will only resent it and scream about how their "liberty" is being violated, having long ceased to understand what that word really means. Foreign enemies will see these weaknesses and begin to step up their assaults, which they would not dare to attempt against a people acting with virtue and vigilance. Mobs and tumults will begin to increase in frequency and fury. Eventually any semblance of order ceases to exist. Chaos reigns. Every man is against his neighbor. Anarchy. The law of the jungle. Fear. Panic. War. Terror. Disease. Then "along comes a spider" with his promises of peace and security. He will restore order. He will stay this madness. He will be embraced by those in society that could not and would not govern themselves. "A society of sheep must in time beget a government of wolves", and He will assuredly make them his bleating chattel slaves. Oh, and those who were able to maintain some semblance of their sanity, virtue and vigilance in the face of the raging storm of dying freedom? These He will kill if they protest too loudly. These are the dangerous ones, for they are the only hope of rekindling the dying embers of virtue and vigilance in a people who have lost their way. These had better shut their mouths and form their secret societies, bide their time, pass on what they know to their children, and wait for their opportunity. Unfortunately that opportunity may very well be generations hence, because liberty lost is very difficult to regain. When Rome finally collapsed under the weight of its putrid decadence it plunged the western world into darkness for over a thousand years, a period aptly called the "Dark Ages".

The above description fits well with any number of great civilizations that have lost their liberty throughout history. Greece and Rome come most quickly to mind in this context. But, what do all of these "ancient" civilizations have to do with us? Have you watched the news lately? "Words offer the means to meaning, and for those who will listen, the enunciation of truth. The truth is, there is something terribly wrong with this country, isn't there? How did this happen? Who is to blame? Certainly there are those who are more responsible than others…… But again, if truth be told… if" we "are looking for the guilty," we "need only look in the mirror."

Vigilance

This all brings me to the concept of vigilance. The patterns of dying liberty are easy to discern, if one has been trained to see them. Somehow, somewhere along the lines we have ceased to teach the lessons of history regarding such matters to our children. Why? I will leave conjectures as to the probable reasons for this to your discretion. The point is that, as Thomas Jefferson said, "If a nation expects to be ignorant and free---it expects what never was and never will be." He said at another time that "eternal vigilance is the price of freedom." So, it is education that we need, but education about what exactly. Math? Science? Sex? Multiculturalism? Well, these things may be important for the applications to which they are needed, but in the political economy of which we speak here it is an understanding of the principles of LIBERTY and TYRANNY that we must become educated about. How liberty works, and how tyrants will seek to overthrow it. It must become common knowledge that "the greatest tyrannies are always perpetrated in the name of the noblest causes." We must think critically and learn not to take the powerful at their word, but rather scrutinize what they do. We must never trade our liberty for some chimerical promise of security or safety. We must realize that the forces of tyranny are ALWAYS better organized than the forces of freedom by virtue of the fact that a man of liberty seeks mainly to live and let live, while the would be tyrant seeks to live upon the labor of others, and is ever looking for his opportunity to pounce.

In conclusion: If we wish to live free we must choose to live virtuous lives, and keep our eyes and minds open. We must be ever skeptical of anyone seeking after positions of power, and scrutinize his or her motives, promises and actions very carefully. We must seek knowledge of the principles which govern in the realms of liberty and tyranny, and stand firmly for liberty at all times, no matter what. We must realize that if we fail to do these things that we are not only responsible for the loss of our own freedom, but for the loss of the freedom of all our countrymen. I will conclude with this quote by John Stuart Mill:

"A people may prefer a free government, but if, from indolence, or carelessness, or cowardice, or want of public spirit, they are unequal to the exertions necessary for preserving it; if they will not fight for it when it is directly attacked; if they can be deluded by the artifices used to cheat them out of it; if by momentary discouragement, or temporary panic, or a fit of enthusiasm for an individual, they can be induced to lay their liberties at the feet even of a great man, or trust him with powers which enable him to subvert their institutions; in all these cases they are more or less unfit for liberty; and though it may be for their good to have had it even for a short time, they are unlikely long to enjoy it."

Music:

system of a down, rage against the machine, ministry, fugazi, a perfect circle, pennywise, anti-flag, bad religion, black flag, rollins band, sepultura, soulfly, deftones, cypress hill, mos def, and many many more.

Movies:

v for vendetta, the manchurian candidate, loose change, JFK, the untouchables, enemy of the state, you get the idea.

Television:

television is disgusting sludge for the mind.

Brainwashing Bu(ll)sh(it).

Books:

most all political and religious books, doesn't matter what religion or whose politics, it's for educational purposes. i soak up as much information as i can.

Heroes:

any american who fights for true freedom. Like this man here, Ron Paul... one of the greatest Americans alive today. click one of the banners to visit one of his pages and show some support.
Get Clocks To Support Ron Paul at WishAFriend.com
Guns save more lives than they take; prevent more injuries than they inflict
* Guns used 2.5 million times a year in self-defense. Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year -- or about 6,850 times a day.1 This means that each year, firearms are used more than 80 times more often to protect the lives of honest citizens than to take lives.
* Of the 2.5 million times citizens use their guns to defend themselves every year, the overwhelming majority merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8% of the time, a citizen will kill or wound his/her attacker.
* As many as 200,000 women use a gun every year to defend themselves against sexual abuse.
* Even anti-gun Clinton researchers concede that guns are used 1.5 million times annually for self-defense. According to the Clinton Justice Department, there are as many as 1.5 million cases of self-defense every year. The National Institute of Justice published this figure in 1997 as part of "Guns in America" -- a study which was authored by noted anti-gun criminologists Philip Cook and Jens Ludwig.
* Armed citizens kill more crooks than do the police. Citizens shoot and kill at least twice as many criminals as police do every year (1,527 to 606).6 And readers of Newsweek learned that "only 2 percent of civilian shootings involved an innocent person mistakenly identified as a criminal. The 'error rate' for the police, however, was 11 percent, more than five times as high."
* Handguns are the weapon of choice for self-defense. Citizens use handguns to protect themselves over 1.9 million times a year. Many of these self-defense handguns could be labeled as "Saturday Night Specials."
Concealed carry laws help reduce crime
* Nationwide: one-half million self-defense uses. Every year, as many as one-half million citizens defend themselves with a firearm away from home.
* Concealed carry laws are dropping crime rates across the country. A comprehensive national study determined in 1996 that violent crime fell after states made it legal to carry concealed firearms. The results of the study showed:
* States which passed concealed carry laws reduced their murder rate by 8.5%, rapes by 5%, aggravated assaults by 7% and robbery by 3%; and
* If those states not having concealed carry laws had adopted such laws in 1992, then approximately 1,570 murders, 4,177 rapes, 60,000 aggravated assaults and over 11,000 robberies would have been avoided yearly.
* Vermont: one of the safest five states in the country. In Vermont, citizens can carry a firearm without getting permission... without paying a fee... or without going through any kind of government-imposed waiting period. And yet for ten years in a row, Vermont has remained one of the top-five, safest states in the union -- having three times received the "Safest State Award."
* Florida: concealed carry helps slash the murder rates in the state. In the fifteen years following the passage of Florida's concealed carry law in 1987, over 800,000 permits to carry firearms were issued to people in the state. FBI reports show that the homicide rate in Florida, which in 1987 was much higher than the national average, fell 52% during that 15-year period -- thus putting the Florida rate below the national average.
* Do firearms carry laws result in chaos? No. Consider the case of Florida. A citizen in the Sunshine State is far more likely to be attacked by an alligator than to be assaulted by a concealed carry holder.
1. During the first fifteen years that the Florida law was in effect, alligator attacks outpaced the number of crimes committed by carry holders by a 229 to 155 margin. 2. And even the 155 "crimes" committed by concealed carry permit holders are somewhat misleading as most of these infractions resulted from Floridians who accidentally carried their firearms into restricted areas, such as an airport.
Criminals avoid armed citizens
* Kennesaw, GA. In 1982, this suburb of Atlanta passed a law requiring heads of households to keep at least one firearm in the house. The residential burglary rate subsequently dropped 89% in Kennesaw, compared to the modest 10.4% drop in Georgia as a whole.
* Ten years later (1991), the residential burglary rate in Kennesaw was still 72% lower than it had been in 1981, before the law was passed.
* Nationwide. Statistical comparisons with other countries show that burglars in the United States are far less apt to enter an occupied home than their foreign counterparts who live in countries where fewer civilians own firearms.
Rapes averted when women carry or use firearms for protection
* Orlando, FL. In 1966-67, the media highly publicized a safety course which taught Orlando women how to use guns. The result: Orlando's rape rate dropped 88% in 1967, whereas the rape rate remained constant in the rest of Florida and the nation.
* Nationwide. In 1979, the Carter Justice Department found that of more than 32,000 attempted rapes, 32% were actually committed. But when a woman was armed with a gun or knife, only 3% of the attempted rapes were actually successful.
* 3/5 of felons polled agreed that "a criminal is not going to mess around with a victim he knows is armed with a gun."
* 74% of felons polled agreed that "one reason burglars avoid houses when people are at home is that they fear being shot during the crime."
* 57% of felons polled agreed that "criminals are more worried about meeting an armed victim than they are about running into the police."




http://www.originalintent.org/edu/willful.php

The "Willful Failure to File" Scam!


How many times have you read articles [usually around the first quarter of the year!] concerning people being convicted of Willful Failure to File charges? Over the years, we'd guess you've read quite a few such articles. If you're a member of the Patriot community, you've probably read a lot more of these articles than the average American. These articles are part of an annual publicity ritual of the IRS and the media intended to intimidate Citizens into filing income tax returns. The fact that most Citizens don't actually owe any income tax is a matter of complete indifference to both the government and the media.
How many Americans do you suppose file their income tax returns each year out of nothing more than the fear of being incarcerated if they don't? Out of roughly 100 million potential taxpayers, we suspect that quite a few fall into that category. If only 5% of the public falls into that category, that's 5,000,000 people filing returns out of fear of going to jail.
Many Americans erroneously believe that the government will only prosecute them if they've broken a law. That belief is completely false. The US government will prosecute you for any number of reasons; you having actually committed a crime is only one possible reason, and is not an essential reason in the eyes of government prosecutors. Attaining the goals handed down by their political masters, and maintaining the power base of those in control are far more essential elements to a US Attorney than whether or not you've actually committed a crime.
"Americans are no longer secure in law - the justice system no longer seeks truth and prosecutors are untroubled by wrongful convictions."
Paul Craig Roberts (former Asst. Secretary of the Treasury)..
Willful Failure to File is a perfect example of a charge that the government brings against a private Citizens even though the US Attorney knows that in most cases the Citizen is not guilty of the charge.
26 USC §7203 [Willful Failure to File]:
Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both..
A fine of $25,000 or a jail sentence of not more than a year! Scary stuff! Of course the question is, can the US Attorney prosecute you for such a thing? Let's find out!
You will note that the section begins with the words, "Any person required under this title…". We've highlighted "person", and underlined "required", because they are the key elements of the charge.
As we've discussed in other parts of this site, the term "person" can be defined in various ways; each definition suitable for the specific purpose of the statute in which it is employed. Before we can determine if you are subject to prosecution for Willful Failure to File, we need to know if you fall within the definition of "person" as defined for use in §7203. Additionally, because it is the "person required" to file, the definition will need to include the exact nature of who is "required" to file returns under the internal revenue laws of the United States.
§7203 is a part of Chapter 75 of the Internal Revenue Code (IRC). While most IRC chapters contain between 3 and 10 sections, Chapter 75 [entitled, "Crimes, Other Offenses, & Forfeiture"] has 59 sections! §7203 is the third section of the chapter - right up at the front. So where might we find the definition of "person" as used within the third section of the chapter? Where else - in the 58th section of the chapter - 55 sections after the offense statute!
Isn't it grand how the government does everything it possibly can to keep you from knowing the truth and being able to defend yourself from an unlawful attack? And to be perfectly clear, there are many statutes wherein pivotal definitions are provided right in the body of the statute so that people will not be confused. But those are places where it serves the interest of the government that you not be confused. When it comes to Willful Failure to File, the government will go to great lengths to make sure you are as confused and ill-informed as possible. It's much easier for the government to unlawfully prosecute you when you don't really understand what's going on.
So why would the government bury the definition of "person" (as used within §7203) 55 sections after the offense statute? Let's look and see what they're hiding!
26 USC §7343 [Definition of the term "Person"]:
The term ''person'' as used in this chapter [chapter 75] 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...
Whoa! Did you get that?! The term "person" is defined as "an officer or employee of a corporation, or a member or employee of a partnership". How many people have gone to jail for Willful Failure to File when they were just regular old folks working for an ordinary living and were not officers or employees of a corporation or partnership? The answer is, thousands.
But wait...there's more! Even if one is an officer or employee of a corporation or partnership, such person must still be "under a duty to perform the act in respect of which the violation occurs". In other words, that officer or employee must hold a position within the company in which he is tasked with overseeing and completing the company's obligations under the internal revenue laws of the United States. This can be seen in the plain language of the definition wherein it states, "...who as such officer, employee, or member is under a duty to perform the act".
Further, such a person must be aware that he has been tasked with such a responsibility (either by operation of law or by appointment) and he must have a belief [Cheeks doctrine] that he is "required", on behalf of the company, to perform certain acts under the law. If he has such a belief, and fails to carry out his lawful responsibilities, only then is he liable for prosecution under §7203.
Let's take a moment and discuss the use of the word, "includes" in the definition of "person" at §7343. The federal courts have consistently held that "includes" (as used within the IRC) is a term of "limited expansion". [See 26 USC §7701(c) for the specific definition of "includes".] As such, the definition of "person" can "include" people who are within the same legal parameters, even though they are not specifically named in the definition. An example of this might be the trustee of a statutory trust that has incurred income tax liability. [See the Trusts section within this site to understand the meaning of a "statutory trust".] In that circumstance, the trustee would be the equivalent of a corporate officer because he would be the person "under a duty to act" on behalf of the statutory fiction, and thus would be included in the meaning of "person", as defined at §7343.
The definition of "includes" (as defined within the IRC) allows the government to use "definitions" not so much to define what a thing is, but rather to establish a "category" of things that can be embraced by the term.
As an example, let's look at a fictitious definition:
51 USC §1:
Food - The term "food" as used within this section includes peaches, pears, and apples...
Under the IRC definition of "includes", the term "food" could also embrace nectarines, persimmons, guavas, etc. However, the term "food" (as defined) could not be construed to embrace a steak, or asparagus, because the category clearly established by language of the definition is "fruit". Meat and vegetables cannot be a part of the term "food", because they fall outside the "category" established by the definition.
To bring this discussion back to "person" (as defined at §7343), we find the "category" established is:
An individual who holds a position within a statutory fiction of law (e.g. corporations, LLPs, etc.), and that position imposes a duty upon him to conduct certain acts, on behalf of the fiction, in accordance with the internal revenue laws of the United States...
Based on this definition, an ordinary American Citizen who is under no duty to perform any act on behalf of another, under the internal revenue laws of the United States, is not a "person" for the purposes of Willful Failure to File [§7203].

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