Does Pearl Jam Pay Income Tax? Do You? Should You? READ THIS!

DriftingByTheStorm

I'm watching the rest of the Tom Cryer videos right now, and SUGGEST YOU DO THE SAME (see thread start post for link!)

Per Cryer:
This is THE ONLY SECTION that MAKES ANYONE LIABLE TO PAY:
http://uscode.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00001461----000-.html

Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.

Now click back up to "Chapter 3" from there:

Subchapter A—Nonresident Aliens and Foreign Corporations
Subchapter B—Application of Withholding Provisions

So Every Person UNDER CHAPTER 3 is required to file ... WHO IS THAT?
Nonresident Aliens And Foreign Corporations.

Hmm.
?

Can ANYONE SHOW ME THE LAW?

And the 16th Ammendment fails to DEFINE "income", but it seems irrelevant if the Tax Code of Title 26 fails to MAKE YOU LIABLE to pay!

???

DriftingByTheStorm

and when i say "LIABLE" i mean ... READ THIS:
http://uscode.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000001----000-.html

This is for PERSONAL INCOMES:

all it says is "a tax is herby IMPOSED"

but AM I LIABLE TO PAY IT?

Hmm.

Apparently not.

Which must be why the tax is VOLUNTARY!

AHAH!

???

Where did my tax attorney go?

Oh wait.
I know. This isn't very good for your business is it?

jjmofo

DriftingByTheStorm wrote:

I'm watching the rest of the Tom Cryer videos right now, and SUGGEST YOU DO THE SAME (see thread start post for link!)

Per Cryer:
This is THE ONLY SECTION that MAKES ANYONE LIABLE TO PAY:
http://uscode.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00001461----000-.html

Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.

Now click back up to "Chapter 3" from there:

Subchapter A—Nonresident Aliens and Foreign Corporations
Subchapter B—Application of Withholding Provisions

So Every Person UNDER CHAPTER 3 is required to file ... WHO IS THAT?
Nonresident Aliens And Foreign Corporations.

Hmm.
?

Can ANYONE SHOW ME THE LAW?

And the 16th Ammendment fails to DEFINE "income", but it seems irrelevant if the Tax Code of Title 26 fails to MAKE YOU LIABLE to pay!

???

The Constitution doesn't need to define it. The term income has a universally accepted definition:

income definition
n.
1. The amount of money or its equivalent received during a period of time in exchange for labor or services, from the sale of goods or property, or as profit from financial investments.

The U.S. Constitution is the highest law in the land and it states that the federal government may tax our incomes. The IRS derives its power from this and therefore no further law is needed.

jjmofo

Double Post..

HermanBloom

Boston, MA wrote:

You have free healthcare and a retirement plan? They took our money for healthcare and retirement at age 67 but they already spent it, so in the USA we have no security blanket, and we still pay...Has the value of the Euro dropped in half over the last five years like the US dollar? Nope..

They have free crappy health care and all those that have money come to the USA to get good health care.

HermanBloom

SonicReducr wrote:

wahhhhhhhh mexicans is takin my jobz! oh noes!@!

I never said anything about Mexicans taking jobs. They do however take as much from the tax system that they do not put into.

HermanBloom

Strangest Tribe wrote:

If you are poor and hungry and have children you will LIE, STEAL, CHEAT, DECEIVE and take all the HANDOUTS you can get to feed your babies NEVER say NEVER.

I guess I'm changing the tone of the thread, Taxes are a necessary evil, but it always bothers me that shallow minds want to blame the poor unemployed and handicapped when the CEO of General Electric makes 350 million a year and can hide away that money from taxes as easily as the Hollywood Elite. The CEO of the major corporations make alot more than the folk in Movie Land.

Most of these people are having kids when they should not. If you can't feed em' don't breed em. It's called personal responsibility. If you want to have sex use protection. If you do want kids and can't afford them, then wait.

I agree about the CEOs and major corporations. They steal a lot, but they don't tell me how to run my life, only they try through their products. It's our own fault for making them super rich by bowing down to consumerism.

HermanBloom

Strangest Tribe wrote:

If you are poor and hungry and have children you will LIE, STEAL, CHEAT, DECEIVE and take all the HANDOUTS you can get to feed your babies NEVER say NEVER.

I guess I'm changing the tone of the thread, Taxes are a necessary evil, but it always bothers me that shallow minds want to blame the poor unemployed and handicapped when the CEO of General Electric makes 350 million a year and can hide away that money from taxes as easily as the Hollywood Elite. The CEO of the major corporations make alot more than the folk in Movie Land.

I also do not like being called a shallow mind considering I think very hard about this, work hard, and spent 8 years going to college (where I questioned what the 99% of the professors spewed liberal propaganda on a daily basis). I never blamed the poor or handicapped, but they do put a huge drain on the system without putting much back. I know that some people need help and we should be there for them, but there is way too much abuse of the system and I get tired of going to the store and spending my hard earned money on groceries when the person in front of me gets free food through food stamps and doesn't speak English and just got to this country. We can't afford to take care of our own citizens, let alone the rest of this world.

Strangest Tribe

nathanastin wrote:

Most of these people are having kids when they should not. If you can't feed em' don't breed em. It's called personal responsibility. If you want to have sex use protection. If you do want kids and can't afford them, then wait.

I agree about the CEOs and major corporations. They steal a lot, but they don't tell me how to run my life, only they try through their products. It's our own fault for making them super rich by bowing down to consumerism.

what about families that lose their jobs due to outsourced corporate greed?

is it their fault they had children when they had a steady job? You sound a little like a Bigot.

Bad things happen to good people as well so you need to support your fellow man when he's down. I'm not religious or anything but weren't we taught that in bible school

DriftingByTheStorm

jjmofo wrote:

Double Post..

I may or may not agree about "income",
but tell me where in Title 26 it says i am "LIABLE" to pay this?

THIS IS A PORTION OF TOMMY CRYERS MEMORANDUM, the CASE HE PLEADED AND WON! (i have verified ALL of this section of his memorandum against the ACTUAL LAW as found in FINDLAW ... HE IS RIGHT. YOU ARE NOT HELD "LIABLE" to pay!)

---

THE INCOME TAX LAW DOES NOT "PLAINLY AND CLEARLY LAY" ANY TAX UPON DEFENDANT OR HIS REVENUE
The Internal Revenue Code does not "Plainly and Clearly Lay" any liability for an income tax on defendant.
The Income Tax Law, Subtitle A of Title 26, United States Code, imposes a tax on the taxable income of certain individuals in § 1:
"26 U.S.C. § 1. Tax Imposed.
"(a) Married individuals filing joint returns and surviving spouses
"There is hereby imposed on the taxable income of —
"(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and
"(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
. . .
"(b) Heads of households
"There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table:
. . .
"(c) Unmarried individuals (other than surviving spouses and heads
of households)
12
"There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table:
. . .
"(d) Married individuals filing separate returns
"There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: . . ."
(emphasis added)
but this section does not designate anyone as liable for the payment of the tax.
It should be noted at this point that titles and headings, such as "Married individuals and surviving spouses filing joint returns" and "Heads of households" are not part of the law and have absolutely no legal effect. 26 U.S.C. § 7806. Therefore, the actual statute commences with "There is hereby imposed . . ." The imposition of the tax is on taxable income, only, not on any person or entity. In contrast, see 26 U.S.C. § 884, discussed more fully infra, which does impose a tax on an entity.
Subtitle A does, however, designate partners as liable for the taxes on income of a partnership, but only in their "individual" capacities (26 U.S.C. § 701)
13
while certain partnerships are declared liable for excess recapture of credits (26 U.S.C. 704).
Foreign corporations are specifically designated as the party liable for payment of the "Branch profits tax" imposed by 26 U.S.C. § 884 (which, incidentally, does impose the tax on "any foreign corporation").
The only other party that is identified in the income tax law as liable for the payment of any income tax is revealed in 26 U.S.C. § 1461:
"Sec. 1461. Liability for withheld tax
"Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter."
(emphasis added)
"This chapter" is "Chapter 3 - Withholding Tax on Nonresident Aliens and Foreign Corporations". Thus the liable party in this instance is anyone withholding tax on nonresident aliens and foreign corporations.
There are no other references in Subtitle A (the income tax law) to anyone being liable for the tax imposed by § 1 other than those: partners (but only in their "individual" capacity); certain large partnerships in certain excess credit situations;
14
foreign corporations; and those withholding taxes on nonresident aliens and foreign corporations.
There is only one other party that is identified as being liable for the income tax, but to find that party we have to journey outside the realm of the income tax law to "Subtitle C – Employment Taxes", where we find:
"Sec. 3403. Liability for tax
"The employer shall be liable for the payment of the tax required to be deducted and withheld under this chapter ["Subtitle C – Employment Taxes; Chapter 24 – Collection of Income Tax at Source on Wages"], and shall not be liable to any person for the amount of any such payment."
(emphasis and [bracketed material] added)
Thus, the only persons being assigned any liability for the income tax imposed by § 1 are those five instances — partners, certain large partnerships, foreign corporations, withholders of taxes on nonresident aliens and foreign corporations and those employers required by Chapter 24 of Subtitle C to withhold taxes on employees.
The absence, or near absence, of a statutory provision specifying exactly who is liable for a tax imposed is not customary. 26 U.S.C. §§ 2032A and 2056A specifically state who is liable for the Estate Tax; 26 U.S.C. § 3102(b) specifically
15
states who is liable for the FICA tax;: 26 U.S.C. § 3202 specifically states who is liablefor the Railroad Retirement Tax; 26 U.S.C. § 3505 specifically imposes liability for Employment Taxes; 26 U.S.C. §§ 4002 and 4003 specify not only who is primarily liable, but who is secondarily liablefor the Luxury Passenger Automobile Excise Tax. See also: 26 U.S.C. §§ 4051 and 4052 (Heavy Trucks and Trailers Excise Tax); 26 U.S.C. § 4071 (Tire Manufacture Excise Tax); 26 U.S.C. § 4219 (Manufacturers Excise Tax); 26 U.S.C. § 4401 (Tax on Wagers); 26 U.S.C. § 4411 (Wagering Occupational Tax); 26 U.S.C. § 4483 (Vehicle Use Tax); 26 U.S.C. § 4611 (Tax on Petroleum); 26 U.S.C. § 4662 (Tax on Chemicals); 26 U.S.C. § 4972 (Tax on Contributions to Qualified Employer Pension Plans); 26 U.S.C. § 4980B (Excise Tax on Failure to Satisfy Continuation Coverage Requirements of Group Health Plans); 26 U.S.C. § 4980D (Excise Tax on Failure to Meet Certain Group Health Plan Requirements); 26 U.S.C. § 4980F (Excise Tax on Failure of Applicable Plans Reducing Benefit Accruals to Satisfy Notice Requirements); 26 U.S.C. § 5005 (Gallonage Tax on Distilled Spirits); 26 U.S.C. § 5043 (Gallonage Tax on Wines); 26 U.S.C. § 5232 (Storage Tax on Imported Distilled Spirits); 26 U.S.C. § 5364 (Tax on Wine Imported in Bulk); 26 U.S.C. § 5418 (Tax on Beer Imported in Bulk); 26 U.S.C. § 5703 (Excise Tax on
16
Manufacture of Tobacco Products); and 26 U.S.C. § 5751 (Tax on Purchase, Receipt, Possession or Sale of Tobacco Products), to name a few.
Considering the "standard in the drafting of taxation laws industry", particularly in view of the requirement of strict construction, the limitation of liability to those five instances cannot be assumed to have been an oversight. In this instance the only ones liable are those specifically named as liable, just as in any other tax provision.

DriftingByTheStorm

Strangest Tribe wrote:

what about families that lose their jobs due to outsourced corporate greed?

is it their fault they had children when they had a steady job? You sound a little like a Bigot.

Bad things happen to good people as well so you need to support your fellow man when he's down. I'm not religious or anything but weren't we taught that in bible school

Please stop hijacking my thread with irrelevant arguments.

We are talking about TAX LIABILITY not any of this social welfare hocus pokus or moral obligation or whathaveyou!

Strangest Tribe

DriftingByTheStorm wrote:

Please stop hijacking my thread with irrelevant arguments.

We are talking about TAX LIABILITY not any of this social welfare hocus pokus or moral obligation or whathaveyou!

Sorry, seems relative to me.


I thought it was all part of your original "Should You Pay taxes" part of your thread question.

here's where we discuss why we should pay taxes. You know social moral obligations?

You have some ocd issues? Breastfed too long?

ECM

Is it just me... or does this really have to do anything with the band???

Seems like an Ashton thread in disguise

DriftingByTheStorm

Evil Closet Monkey wrote:

Is it just me... or does this really have to do anything with the band???

Seems like an Ashton thread in disguise

Hey now.

Well,

I think people seem to be overlooking the "Does Pearl Jam Pay Income Tax" portion of the thread title.

Actually Boston, MA and Nathannastin DID touch on this subject, which i found quite fascinating.

If you have any information regarding that, i'd love to hear it as well ... of course, given the PRIVACY issues on this board, we should probably frame our discussions around the subject "SHOULD the members of Pearl Jam pay tax", because it is likely against the ethos of this board to discuss IF they are paying their taxes ... or wearing underwear ... or if they pick their nose ,etc etc etc.



Thanks though, ECM. you bastard.

KDH12

nathanastin wrote:

Most of these people are having kids when they should not. If you can't feed em' don't breed em. It's called personal responsibility. If you want to have sex use protection. If you do want kids and can't afford them, then wait.

I agree about the CEOs and major corporations. They steal a lot, but they don't tell me how to run my life, only they try through their products. It's our own fault for making them super rich by bowing down to consumerism.

Just so you know the only way to not have kids is to not have sex, protection does not always work, its not 100%. Speaking from experience I have a beautiful six month old daughter......

She has state sponsered medical insurance AKA medicaid, I DO work my job DOES NOT offer insurance what am I supposed to do but use the state?

DriftingByTheStorm

Strangest Tribe wrote:

Sorry, seems relative to me.

aw fuck.
u might as well keep on with it.
what do i care.

I just wanted people to be made aware that people are SUCCESFULLY ARGUING THAT THEY ARE NOT LIABLE FOR INCOME TAX in court!