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Watch how the IRS provides the classic evasive NON-ANSWER when given the opportunity to enlighten ALL Americans on national TV. What an opportunity to finally provide the "truth" to all of us wacko "tax resistors." Talk
Radio Show Prompts IRS Agent To
Quit:
'Grudgingly
Convinced Himself That The Federal Income Tax Was A
Fraud' By Staff
Filed After hearing a
guest on his favorite radio show claim that the
federal income tax was voluntary,
Banister recalls,
"As an IRS agent I was upset at the claim. I
respected Geoff Metcalf. He was a
fair and non-partisan host. When he let the charge that the income tax was
voluntary go by, I decided that on my own time,
and at my own expense, I was going to research and in two weeks or so, disprove
the guest's claim." Two years later,
Banister grudgingly convinced
himself that the "federal income tax was a
fraud."He then went on to write a ninety five-page report that he would present
to his immediate supervisor, Bob Gorini, who also was a family friend. Telling his supervisor
to forward his analysis up the chain of command, Banister
asked the IRS to "show me the error of my
analysis or I will have to resign." Surprisingly,
instead of addressing then Special Agent Banister's questions and concerns about
the IRS code, Paul Varville of the IRS Chief Criminal
Investigation Division responded
in a memo dated February 17, 1999 by saying, "The Internal Revenue Service will not be responding
to your request and will provide you with the necessary paperwork to tender your
resignation." Banister tells USA
Daily, "I came to the conclusion that the IRS was knowingly deceiving the
American public with regard to
federal income taxes." Reliving
his moral dilemma, Banister stressfully said, "Ethically and morally I had no
choice. As a Christian, and as an American that took an oath to protect and
defend the Constitution of the
On
February 25, 1999, Joseph Banister resigned from the IRS because of discovering
what he called IRS fraud. Bannister, featured in a soon to be released IRS
Documentary, that is being promoted by Larken Rose "says that he
hasn't paid federal income taxes directly to the IRS since 2000 and since that
time sets the funds aside awaiting answers from the IRS and other government
officials." Banister has
researched the Section 861 issue
and agrees with other self described 'tax
educators' that it provides valuable clues
about the true application of the federal
income tax to the average American. Pointing to the written law, these 'tax
educators' claim that Section 861 of title 26
of the US Code (IRS Code) defines a taxable source of income, and that most
Americans' incomes do not fit the
criteria. However, Banister
emphasized that he does not tell
everybody he sees to stop paying taxes. "We're just trying to
educate people about what the written law
says, they have to make their own decisions about
whether they legally owe federal income
taxes." The controversial
Documentary on the IRS featuring Banister, another IRS agent, several
attorneys, and CPAs, already has 300,000 copies of Mini-CDs
pre-ordered. With DVDs
planned for the second distribution, and
viewable over the Internet, people will be able to see the video with a simple
click on a link
embedded in
the body of an email. Potentially, tens of millions of Americans may view the
documentary over a relatively short period of time. Banister claims his
'political activities are being illegally
monitored' as is recently
reported on WorldNetDaily: IRS 'enforcers' target ex-agent, Ron
Strom reports, "the IRS filed a response to the
former agent's appeal that cites as justification for its action a Nixon-era
tactic the agency used to punish war
protesters." Some believe the claim 'justifies near
unlimited powers for the
agency.' As for the IRS's
response to 861, an Internal Revenue
Bulletin in no uncertain terms attacks it as frivolous:
The Service
is committed to identifying
taxpayers who attempt to avoid their tax obligations by taking frivolous
positions, such as the Section 861 position. Taxpayers
relying on this scheme also may face criminal prosecution for: (1) attempting to
evade or defeat tax under section 7201 for which the penalty is a fine of up to
$100,000 and imprisonment for up to 5 years; or (2) making false statements on a
return under section 7206 for which the penalty is a fine of up to $100,000 and
imprisonment for up to 3 years. While the IRS
discredits the 861 issue as
frivolous it does not appear to have specifically
answered many questions about the code.
Banister says that to his knowledge a criminal
judicial court has never actually heard and
ruled against 861 and sent anyone to jail for
tax evasion. Banister claims the
IRS is now attempting to blur the lines between 'tax evasion' and 'tax
avoidance.' "Tax Evasion is the attempt to cheat and not pay what you are
legally owe in
federal income taxes while 'Tax
Avoidance' means that you try to minimize what you are
obligated to pay according to the written law."
To emphasize the
difference between tax avoidance and tax evasion, Banister
pointed out an excerpt from the
IRS Handbook for Special Agents, specifically Chapter 412 IRS Tax Cases
(Evidence and Procedures), which states
"Avoidance of taxes is not a criminal offense" and later continues, "One who
avoids tax does not conceal or misrepresent. He shapes events to
reduce or eliminate tax liability and upon the
happening of events makes a complete disclosure. Banister argues that
the IRS should specifically answer questions about its own code, "Nobody
promoting the 861 issue is concealing or misrepresenting the facts. They are
doing the exact opposite. They are asking the IRS to answer specific questions
and the IRS refuses. Who is concealing and misrepresenting here?"
With a stir of
passion, Banister says, "The government does not have the luxury not to answer
these questions, they have a duty to answer them!" He
continues, "None of this, the organizations out there, the grass roots activism,
none of it would be necessary if the IRS just
answered the questions."
Speaking about the
soon to be released IRS
Documentary, Banister references the movie The Wizard of OZ, "Millions will see this
video on the Internet and there is nothing the IRS can do but say to the public
pay no attention to the man behind the curtain". Banister continues
his nearly 15 year career as a CPA, now dealing mostly with litigation support
services, he also continues to operate his www.freedomabovefortune.com
website and says it has welcomed hundreds of thousands of visitors. One wonders
if he's feeling as if he's walking down a road less traveled as he says that
many are aware of what he claims is 'fraud' but "they don't want to ruin their
careers and lose those government pensions." Sifting through the
complexity of the federal income tax code it may not be clear to all whether
Banister and his fellow 'Tax Educators' or the IRS and their interpretation of
the law are right on this issue. Once the IRS
Documentary on 861 is streaming across cyberspace, the issue may ultimately
be up to time and the court of public opinion to decide, or even someday the
U.S. Supreme Court. However, one thing is for certain, talk radio hasn't changed much since 1997, but for better or for worse, it has certainly changed the life of Mr. Banister.
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