By Bob Unruh
The Internal Revenue Service has lost a lawyer's challenge in front of
a jury to prove a constitutional foundation for the nation's income
tax, and the victorious attorney now is setting his sights higher.
"I think now people are beginning to realize that this has got to be
the largest fraud, backed up by intimidation and extortion and by the
sheer force of taking peoples property and hard-earned money without
any lawful authorization whatsoever," lawyer Tom Cryer told WND just
days after a jury in Louisiana acquitted him of two criminal tax
counts.
And before you consign him to the legions of "tin foil hat brigades"
who argue against paying taxes, and then want payment to explain how to
do that, he addresses the issue up front.
"These snake oil peddlers have conned millions of dollars out of many
well-intended patriots and left a trail of broken lives in their wake.
… These charlatans should be avoided, not only because they will lead
you to bankruptcy and prison, but because by association they discredit
those who are telling the truth," he said.
The truth, he said, is where he comes in, with the launch of a new
Truth Attack website that is intended to build on his victory, and
create a coalition of resources to defeat – ultimately – the income tax
in the United States.
The logo for the new Truth Attack campaign against income taxes
Although the legal citations in the case tend to run the length of
paragraphs, Cryer told WND the underlying issue is not that
complicated. Essentially, he argued that income is not necessarily any
money that comes to a person, but rather categories such as profit and
interest.
He said the free exchange of labor for compensation has been upheld as
a right by the Supreme Court, but that doesn't necessarily make the
compensation income. If ever such an argument were to be presented
widely, Cryer said, the income to the federal government would plummet.
But not to worry, he said, the expenses could be reduced equally by
eliminating programs, departments and agencies that also have no
foundation in the Constitution.
"The Founding Fathers intentionally restricted the taxing powers of the
new federal government as a measure of restraint on its size. By
exceeding that limited taxing authority the federal government has been
able to obtain resources beyond its intended reach, and that money has
enabled the federal government to exceed its authority," he said.
For example, he said, the Constitution does not empower the federal
government to regulate education, or employment, and agriculture, yet
it does so.
The jury in U.S. District Court in Louisiana voted 12-0 to find Cryer,
of Shreveport, not guilty of failure to file income taxes for two
years. He had been indicted in 2006 on charges of failing to pay
$73,000 to the IRS in 2000 and 2001. The next step in his personal case
will be up to the IRS and prosecutors, if they choose to continue the
issue, he said.
But for the rest of the nation, he's working with Save-a-Patriot, the
Free Enterprise Society, Live Free Now and his own Lie Free Zone to
spread the message of the truth.
"There are three points that are important," he told WND. "There's no
law making the average working man liable [for income taxes], there's
no law or regulation that allows the IRS to contend that earnings are
100 percent profit received in exchange for nothing, and the right to
earn a living through any lawful occupation is a constitutionally
protected fundamental right, and it is exempt from taxation."
Spokesman Robert Marvin in Washington's IRS office told WND the
Internal Revenue Code provides for taxation on salaries or wages, but
when pressed for a specific citation, or constitutional provision, he
said, "I can't comment."
Cryer's encounter with tax law began more than a decade ago when a
friend told him the income tax was sham. Cryer started researching,
hoping to keep his friend out of trouble. But his conclusions, after
years of research, were exactly what his friend told him.
He researched not only tax laws, but also the documents pertaining to
the drafting of the U.S. Constitution as well as the first income tax.
He said throughout his battle, he's offered at every turn to pay taxes
if the IRS could show him the authorization, and that never has
happened.
"The Criminal Investigation Division and Department of Justice both
responded only with 'your position is frivolous.' I had never stated a
position, so how could they know whether it was frivolous?" he said.
"Imagine my sending you a bill for $1,000 and when you call me and ask
what the bill was for I simply said, 'that position is frivolous, just
write the check and send it in.'"
His acquittal, he said, was a precedent because it means "people can
see and recognize the truth."
He said multiple Supreme Court opinions have affirmed an individual's
ownership of his or her own labor, and "exercising your fundamental
rights" is not taxable. "It is definitely a trade. What most people
receive in the form of wages, salaries or in my case fees that they
personally earned for their labor is not received in exchange for
nothing." He said there might be a profit that should be taxable, but
there might not.
"The IRS lets Wal-Mart sell a trillion dollars worth of goods, but they
can back out their cost of goods [before being taxed,]" he said. "The
IRS considers, in the case of a Wal-Mart wage earner, 100 percent of
what he takes in is profit."
"But he's using his life, energy and work lifespan, and depleting it as
he goes," Cryer told WND. "[Working] is a God-givenfundamental right
that is protected under the Constitution and can't be taxed any more
than exercising freedom of speech."
While he waits to see what, if anything, the IRS and Justice Department
will do next in his case, he's working to coordinate the groups that
are battling taxation as unconstitutional.
"I have started a campaign to unify [the work] and we've got a number
of organizations that are sponsoring and supporting this campaign," he
said. The goal is to get everyone "who is aware of the truth" organized
so they can spread the word.
He warned without a restoration of constitutional basics, the nation is
lost.
"Read your Constitution and you will see that the federal role does not
include ANY authority to regulate or tax any citizen directly and that
WE expressly reserved the right to rule and govern ourselves as States,
not as mere political subdivisions," his website says.
"The Constitution does not allow the government to run your lives, but
the money it is stealing from millions of Americans is the fuel for its
over-reaching and kibitzing. Take the money back and we and our states
and communities can again be free," he said.
The fight is over "our FREEDOM from rule by a DISTANT RULER, just as we
fought to free ourselves of a distant England over 200 years ago," he
said.
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IRS loses challenge to prove tax liability
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