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Tax information sources: Legal Disclaimer
Income tax preparation costs Americans more than $225 billion and more than 5 billion hours per year in nonproductive labor complying with the federal tax code. These estimated compliance costs, conservatively topping $225 billion annually, are costs that are ultimately embedded in retail prices paid by consumers. This alone is a monumental drain on the average American's resources. The IR Code itself is a monstrous piece of convoluted reading that very few, if any, human being can fully understand, let alone even read.
However, we have learned over the years to believe that "income taxes" are a normal, natural part of life... like they say, "nothing is sure but death and taxes." However, today, a growing body of well educated attorneys, X-IRS agents, CPA's, and others have begun to challenge this "conventional wisdom" about income taxes, by researching the actual IR Code book, statutory law, case law and Congressional records to determine the actual facts in America for what most Americans have "volunteered" to declare themselves by willingly filling their yearly 1040 forms... "taxpayers," and which NONE have proven they actually, legally, owe:
This may sound unbelievable but it is TRUE and can be clearly proven if you want the truth and are willing to seek it out and then stand for it. Not only is income tax being taken illegally and unconstitutionally, so are social security taxes and withholding taxes. Question: HAVE YOU EVER PROVEN WHETHER YOU ACTUALLY LEGALLY OWE "INCOME" TAXES, or even KNOW what "income" is? Have you investigated the IR Code book (26 U.S.C.) yourself, or have you, like the rest of us, taken what you were told as "truth" and simply paid income taxes all your life?
In addition to the IRS taxes, the Federal Reserve (neither a federal body NOR a reserve for anything but greed and American debt) is ALSO provably illegal and unconstitutional.
Don't allow fear and intimidation, IRS extortion threats and deceit stop you from obtaining the truth on these and other issues. If you wish to remain free, you need to take all the lawful steps available to you to defend that freedom. At the very least, you can substantially change your financial condition.
Below are the most critical sources of information (although there are many more sources that support these truths) you need to get to prove this for yourself. Take the time to study these issues because they will profoundly affect your finances and future. Educating yourself on the law and facts is your best defense against illegal and tyrannical government actions.
History of Case UPDATED 1-12-16: - Newest filings at top!
The IRS is, once again, attempting to get my bank records, and the court District Court ignored my evidence against the IRS, again, and the case is now in the Appeals' court, waiting adjudication of the facts. The issue is the court denied me even access to the court and committed fraud, along with the bank itself, in ethically dealing with my information, and providing false information.
Contacted the aclj.org legal team who are fighting the IRS on other fronts. Hope they take this case I am planning against the IRS to get this out into the open.
Notice of Acceptance and Default against the IRS: The IRS defaulted in the Supreme Court despite the court not filing this as required by law. Use it if you can!
Treasure Order 105-2 & 105-6 cancelling the IRS and name: Who are they supposed to be, then?
The Supreme Court denied the rehearing... http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-6169.htm, and have essentially declared what was stated in the rehearing petition below. Due process is dead for all Americans in regard to the IRS government fraud. The clear solution now is State nullification and creating your local area as a Liberty Zone to stop federal encroachment outside of their jurisdiction and against the Constitution and Rule of Law.
I have completed the Petition for Rehearing and it will be sent on 4-11-13. Regardless of what the Court now chooses to do, it will be a victory for all of us in that whatever they do, it is a response to us. The IRS MUST respond to this Petition according to the court rules, unlike their default earlier. Pass this on far and wide.
The Supreme Court DENIED my Petition, with no explanation. Now, I will file the next paper bullet of a "Petition for Rehearing" which the IRS MUST respond to. I also will include some bigger guns regarding the constitution and Article III courts and "Original Jurisdiction." This is coming down to whether law even exists in this republic, or to expect civil war with all the the government is doing now... hope everyone is prepared...
Completed Professional Petition sent to the Court: Please note - Page numbers next to questions and case cites are linked in this document so you can click back and forth from question, to case cite, and back.
Proof of Mailing Evidence: Documents disappeared after mailing Registered Mail on 2-14-13 to both the Supreme Court and the Solicitor General as far as the USPS tracking showed, even after 5 days, to 2-19-13. I have an investigation started into this, which may include the U.S. Navy. Please save for possible legal action later if mine disappear!
NOTICE! The documents in our TAX FRAUD DOCUMENT ARCHIVES are available to you for research. I hope I can enter these into the Supreme Court record as evidence in some way in this case. They help to conclusively prove the fraud and deceit the IRS has been using for nearly 100 years.
I filed a document titled US Supreme Court Motion for ORDER on Settled Facts of Law. This is regarding the default by IRS/DOJ to answer the case and argument as stated below.
After filing with the court, Respondent (DOJ for IRS) was to reply to my writ. As stated below, they replied with a "Waiver of right to respond." Of course, this means far more than I at first thought.
The Supreme Court went on to denied my in forma pauperis (I have no money) application, and required me to file a completely new writ complying with their attorney standards of booklet form etc., costing not only the $300 docket fee for a new writ, but about $1500-2000 for the printing and shipping, and all this to be done by November 19, 2012. Of course this is stalling and unconscionable actions they did NOT have to take. They ignored pro se filing case law and precedent to accept substance above form. They said nothing about the waiver default by the Respondent.
I filed three separate documents with the court on 11-6-12... Motion for reconsideration, Application for more time, and a Rule 55 NOTICE to clerk. The latter could be a game changer, as it states under Federal Rules of civil procedure:
Rule 55. Default; Default Judgment
(a) ENTERING A DEFAULT. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
In denying to respond and defend against my suit, the IRS, defaulted. However, as the Rule 55 above mentions, and as other sources have elaborated on, their refusal to answer IS an answer. That answer is, "we do not deny anything you are saying," and thereby they agree to it all. This means the court is deprived of subject matter jurisdiction because the parties have agreed and settled the controversy, and "should," by law, give judgment against them on all counts, and allow me remedy. Their acceptance of my writ and docket of it under case # 12-6169, was an acceptance... a contract with them to perform their lawful duty, so in effect, the case WAS accepted to be heard.
It is likely I didn't have to file the last documents, but it is better to do more than less. I will now prepare another documents titled "Motion for ORDER to Intervenor the United States Government Solicitor General, Counsel of Record, Donald B. Verrilli, Jr.," and file it Wednesday.
Supreme Court has docketed my IRS tax case! I received the following LETTER telling me my case was placed on the docket, and it seems the justices will consider hearing the case. 99% of all cases to the S.Ct. are NOT accepted. You can access the actual docket at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-6169.htm, or Click here. Use this stuff, and pray for a victory for all of us!
I received a response letter from the DOJ/Solicitor General, Donald Verrilli, Jr., stating "The government hereby waives its right to file a response to the petition in this case, unless requested to do so by the Court." See letter here (Spelled my name wrong...???)
If you want to research this topic in far greater detail, there are a number of websites with the research, case law, and sources for this information. Please make use of it and pass it on... we need to educate ourselves out of this slavery, and defend our republic and laws.
Supreme Court has docketed my IRS tax case to be reviewed! I received the following LETTER telling me my case was placed on the docket. 99% of all cases to the S.Ct. are NOT accepted. You can access the actual docket at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-6169.htm, or Click here. Use this stuff, and pray for a victory for all of us!
June 8, 2012; Appeals Court completely denied all evidence and case material. I now have to file with the Supreme Court.
Appeals Court - Reply to IRS Brief. Final brief before Appeals court begins deliberation.
Appeals Court Brief filed 3-15-12. Waiting for IRS response due by April 17, 2012
The following cases were filed in response to the Tax Court's violation of multiple laws, and providing improper service of process:
Affidavit of Prejudice to Recuse Tax Court Judge Carluzzo: Second recusal... first was followed, but this one ignored.
The below three documents were filed in response to the U.S. Tax Court (ustaxcourt.gov) denial of my original petition, case number 10758-11:
Please check back here for updates. If the case is taken and I'm not given summary judgment, it will be expensive for me to travel to DC for the case if it gets that far, which I cannot afford, so DONATIONS would be greatly appreciated, for this, or if you want to donate for the Foundation's work, that is good, too! Simply go to Our Donation Page for information. If you prefer check or another way to help, please send an email to the email address on the donation page. Thanks in advance for all your support.
FEDERAL RESERVE ACT REMEDY: Excellent yet simple lawful remedy to obtain lawful money instead of incurring a tax liability for using private credit which the Federal Reserve Notes are.
Recently Filed: I received an IRS "Notice of Deficiency."
Complete Motion against IRS for attempting third party Summons is available that has a substantial amount of case law and evidence proving the IRS is illegally acting under the color of law. Be sure to read this material carefully, and implement what you firmly have proven and believe.
Texas Petition to Quash": Updated Texas Petition to Quash with best law and challenge to quash a 3rd party summons
What is "income?" 1 PDF file.
Fraud on the Court - PDF file.
PLEASE NOTE: It is critical to educate yourself in the facts of this topic so you understand the elements and how the fraud is working before you take serious steps. You need to be able to stand on your beliefs and knowledge if need be, so do your homework first. Feel free to discuss this via Email if you have any questions or comments. We are all in this together, and need to work together to take back our freedoms!!
These docs below are a series of questions you can choose from to send to the IRS as your first letter asking for clarification of the issues. There is no threat legal issues with this step. Keep in mind that despite the IRS either failing to respond, or responding with "we're not going to answer these types of questions", you are showing your good faith, their bad faith and are proving your beliefs with evidence, so they will not be able to come after you for "willful tax evasion". It is a good idea to protect your assets as well (Trusts...) in preparation, but as more and more people challenge this, the IRS days are numbered.
UPDATED ON 4-5-15 My FOIA Request to IRS: I sent something like this to my district IRS office, certified mail, (I don't use return receipt to save money - you can get the receipt from the USPS website), to show good faith in requesting clarification on the "income" definition laws. The above document includes a version of Attachment A with my request.
Similar FOIA, but has an item or two you could add to your single FOIA above (until I add them in).
A Series of Questions to send to the IRS Commissioner on how to determine your tax liability. Good for more proof of your good faith efforts to understand the law.
A Individual Master File Request: Letter to send to the IRS to determine where they have falsified your file to try to "make" you a taxpayer, such as being a drug runner, or living in another country. You'll be amazed at what they do to people's records. You can correct this document and return it for them to file.
Here is the Treasury Department/IRS Response to Questions on income I personally sent the IRS. (You will notice that they evade completely the questions asked, and even state in their response that the laws "may be challenged through the judicial system" and that they don't have to respond to these types of questions under the FOIA (or any other request I would presume), so this means the average citizen who has questions won't be getting any answers from the IRS. I also sent this request to my two Senators and Congressman as well... and they SHOULD be able and willing to obtain the answers.
Government documents revealing IRS fraud on the public: PDF file... The first document signed by a congressional member states "...'Internal Revenue Service' was not established by law." The second document from the Department of the Treasury states the U.S. Attorney General's Office has no authority to defend IRS agents in a civil or criminal matter. The third document from the U.S. Department of Justice also states U.S. Attorney General's Office has no authority to defend IRS agents in a civil or criminal matter. The last document from IRS Director of Customer Service Center contradicts the Congressman, Dept. of Treasury and the Dept. of Justice.
Recent Adjudicated Evidence entered against IRS position as further evidence of IRS fraud. Keep in mind that this material is "adjudicated evidence" which means the Judge HAS to, by law, read this evidence, word for word, to the Jury in this trial, and MUST tell the Jury that this evidence is unrefuted facts of law. Want to bet the government drops this case?
America: Freedom to Fascism Video Expose on the IRS and income tax fraud!
What is Taxed? Here is a secret you are not supposed to know... There are more deductions and excluded income than your tax software will show you. It can be demonstrated (and proven) with any computer that U.S. Income tax is fraudulently imposed. According to the code, only "foreign earned income" is "taxable income." Most Americans owe nothing! The result is digitally precise, because "code" does not lie.
Don't take our word for it... Research what 7 X-IRS agents have proven and teach to this day.Illegal IRS Case Presentation documentation
The "We The People" organization's Class Action law suit proceedings against the Federal Government had a major victory.
For a synopsis of the above three sources for you to get a good feel of what the law and IR Code actually says, review this actual Original Affidavit of Truth and Notice!, which covers a wide range of illegal and fraudulent government activities, which was actually filed with various agencies on March 25th, 2006. (Updated, expanded affidavit, containing much more case law is available). NOTICE: It may be tempting to copy and use this Affidavit of Truth without actually researching the laws and code books. To copy this and use it as your own without actually understanding the law and facts could be a dangerous step, as unless you actually believe and understand the facts presented, you won't be able to defend yourself adequately, should you have to. True knowledge is the key, so don't short-change yourself in not taking the responsibility to educate yourself as completely as you can!
Petition to Quash Summons: The IRS Summonses were served to 4 companies in their efforts to obtain my private records. (IRS tried to obtain mine but failed, so they are getting desperate.)
Brief and Memorandum of Law in response to IRS Motion to Deny my Petition to Quash third Party Summons!
Most property taxes for private citizens... homes, etc., are illegally being applied. Your house and property are being unconstitutionally taxed. Many people have lost their homes because of not being able to pay this tax. It is time to stop this and legally challenge your local property assessor with the law. Get the facts and Take Steps to remove unconstitutional taxes!
Below are a number of additional supplemental sources of tax information you can access to help your research efforts. Keep in mind that as the topic is researched by more people, more details come to light and "fine-tuning" takes place in our understanding of the actual law and code. The topic has been incredibly muddled and deliberately deceptive, so it takes time and effort to weed out the lies and get to the actual truth.
c/o 208 E. College Street, Suite 262
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417-337-7533 (Voice Mail)
Mr. Kershaw is available for speaking engagements for local churches or other groups.
U.S. Constitution: Read it for yourself.
Truth about paying taxes How To STOP Paying Federal Income Tax - LEGALLY!
Freedom Above Fortune: Former IRS Criminal Investigation Division Special Agent Joe Banister learned of serious constitutional questions relating to the federal income tax and the federal banking and monetary systems.
Freedom Law School: assistance for freedom loving and self-responsible people who are committed to living their lives free of oppressive control and taxation by governments and their agents and live free, in pursuit of happiness.
NEW: In Wachovia Bank v. United States, 95 AFTR 2d 2005-817, a Florida District Court held that under certain circumstances a refund of erroneously paid taxes can be claimed for up to six years following payment, interpreting the three year statute of limitations (codified at 26 USC 6511) as only applying when a return was actually required. The court held that when a return was NOT required, the more general six-year limitation on civil actions against the United States applies. Further Information on this case!