The News

Current Events and Continuing Education for August 8 through August 21, 2016

“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.”

-James Madison

Please Start Here

(Edward Snowden, come home! It was all just a bad dream; there really is No Such Agency!)

Do you know someone truly steeped in the Kool-Aid?

 I mean someone who finds it easier to believe that the far-better-educated, far-more-suspicious-of-government Americans of a hundred years ago were complete morons who granted authority to the state to take whatever it wished from themselves and their posterity than to imagine that they themselves simply misunderstand the true nature of the income tax? Even while knowing that their beliefs about the tax are derived entirely from the representations of those who profit from those beliefs (like tax bureaucrats and "tax professionals")?

Do you know someone like that? Shake them awake with the latest (fourteenth) edition of CtC!

I'm delighted when anyone wishes to share what I have posted here with others! Sharing this page is an important means of moving toward the restoration of the rule of law-- PLEASE DO IT!! But I'd appreciate your doing so by directing your friends here themselves, rather than by copying and emailing the material.

***

"It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men."

-Samuel Adams

Events Calendar

Start making your plans to be with us for the September 17 'Snowden' party!!

*****

The Biggest Snow-Job In World History: The Myth That 1913 America Adopted A Marxist Progressive Tax On "All That Comes In"

Thank goodness the sun is now shining...

YOU'VE GOT TO ADMIRE THE CHUTZPAH of the state-loving, Americanism-hating Fabian socialists who infiltrated our schools and media in the early decades of the 20th century. These intellectual saboteurs pitched a truly absurd notion-- that in 1913 America adopted the kind of broad-application income tax advocated by Karl Marx-- and did so in the face of direct contradiction by every authority imaginable.

But the saboteurs did their work relentlessly, and with the clever exploitation of current events and the co-option of two powerful special interests. Over the course of 30 years, from 1913 to 1943, the saboteurs successfully "memory-holed" what had been universal public understanding of the 16th Amendment and the tax laws with which it was concerned in America.

In place of an accurate understanding of the income excise the saboteurs implanted a myth that the 16th Amendment was some kind of transformational political and legal event. According to this myth our great-grandparents inexplicably abandoned the core governmental structure under which they had grown to be the freest and most prosperous society in world history-- a strictly limited federal tax authority-- and replaced it with the most puissant foundational element of a communist social structure-- an authority allowing the state to reach into every pocket to take whatever the collective deems necessary for re-distribution to whomever the collective imagines needs it more (or for any other purpose dreamt up by those in public office).

The success of the myth-mongering saboteurs ushered-in a sustained period of widespread historical and legal delusion-- the healthiest environment for the flourishing of the Leviathan they serve. And flourish it did, as intended.

The myth is easily recognized as a transparent lie, once you know to look...

THE MYTH PROMOTED BY THE FABIANS-- that when early 20th century Americans revived the then-51-year-old United States income tax from dormancy imposed by an ill-conceived 1895 Supreme Court ruling, they weren't reviving the existing income excise at all but were instead initiated a new form of taxation-- was (and is) a flat-out lie. Indeed, it is quickly revealed as an outright ridiculous lie when even just the most rudimentary consideration is devoted to the proposition.

After all, the 16th amendment-- "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration"--  says nothing whatever about repealing or modifying the two Constitutional provisions prohibiting capitations and other direct taxes except by the mechanism of apportionment (Article 1, Section 2 cl. 3 and Section 9 cl. 4). Thus, the amendment works no such modification or repeal, and this has been observed and declared as the law of the land repeatedly in the most definitive way possible.

Here, for instance, is an explanatory portion of the unanimous Supreme Court ruling in Brushaber v. Union Pacific RR Co., 240 U.S. 1 (1916) in which the court construes the amendment and its effects three years after its adoption. The court expressly rejects litigant Frank Brushaber's contention that the amendment created a hybrid direct-yet-unapportioned tax:

"We are of opinion, however, that the confusion is not inherent, but rather arises from the conclusion that the 16th Amendment provides for a hitherto unknown power of taxation; that is, a power to levy an income tax which, although direct, should not be subject to the regulation of apportionment applicable to all other direct taxes. And the far-reaching effect of this erroneous assumption will be made clear by generalizing the many contentions advanced in argument to support it...”

United States Supreme Court, Brushaber v. Union Pacific RR Co., 240 U.S. 1 (1916)

The court goes on to declare that the 16th Amendment did not modify or repeal the apportionment requirements for capitations or other direct taxes elsewhere in the Constitution, and could not be construed to have done so, while again flatly stating that the amendment did not create or permit a direct, yet unapportioned tax: 

“But it clearly results that the [erroneous] proposition and the contentions under it, if acceded to, would cause one provision of the Constitution to destroy another; that is, they would result in bringing the provisions of the Amendment [purportedly] exempting a direct tax from apportionment into irreconcilable conflict with the general requirement that all direct taxes be apportioned."

Ibid.

Two leading law school journals contemporaneously reviewing the Brushaber decision each put it succinctly:

"The Amendment, the [Supreme] court said, judged by the purpose for which it was passed, does not treat income taxes as direct taxes but simply removed the ground which led to their being considered as such in the Pollock case, namely, the source of the income. Therefore, they are again to be classified in the class of indirect taxes to which they by nature belong."

Cornell Law Quarterly, 1 Cornell L. Q. 298 (1915-16)

"In Brushaber v. Union Pacific Railroad Co., Mr. C. J. White, upholding the income tax imposed by the Tariff Act of 1913, construed the Amendment as a declaration that an income tax is "indirect," rather than as making an exception to the rule that direct taxes must be apportioned."

Harvard Law Review, 29 Harv. L. Rev. 536 (1915-16)

The Supreme Court says the same again and again, with both executive and legislative branch experts re-affirming it all over the years:

"[T]he settled doctrine is that the Sixteenth Amendment confers no power upon Congress to define and tax as income without apportionment something which theretofore could not have been properly regarded as income." 

U.S. Supreme Court, Taft v. Bowers, 278 US 470, 481 (1929)

"If the tax is a direct one, it shall be apportioned according to the census or enumeration. If it is a duty, impost, or excise, it shall be uniform throughout the United States. Together, these classes include every form of tax appropriate to sovereignty. Cf. Burnet v. Brooks, 288 U. S. 378, 288 U. S. 403, 288 U. S. 405; Brushaber v. Union Pacific R. Co., 240 U. S. 1, 240 U. S. 12. Whether the [income] tax is to be classified as an "excise" is in truth not of critical importance [for this analysis]. If not that, it is an "impost" (Pollock v. Farmers' Loan & Trust Co., 158 U. S. 601, 158 U. S. 622, 158 U. S. 625; Pacific Insurance Co. v. Soble, 7 Wall. 433, 74 U. S. 445), or a "duty" (Veazie Bank v. Fenno, 8 Wall. 533, 75 U. S. 546, 75 U. S. 547; Pollock v. Farmers' Loan & Trust Co., 157 U. S. 429, 157 U. S. 570; Knowlton v. Moore, 178 U. S. 41, 178 U. S. 46). A capitation or other "direct" tax it certainly is not."

U.S. Supreme Court, Steward Machine Co. v. Collector of Internal Revenue, 301 U.S. 548 (1937)

"[T]he amendment made it possible to bring investment income within the scope of the general income-tax law, but did not change the character of the tax. It is still fundamentally an excise or duty..."

Treasury Department legislative draftsman F. Morse Hubbard in testimony to Congress in 1943

"The Supreme Court, in a decision written by Chief Justice White, first noted that the Sixteenth Amendment did not authorize any new type of tax, nor did it repeal or revoke the tax clauses of Article I of the Constitution, quoted above.  Direct taxes were, notwithstanding the advent of the Sixteenth Amendment, still subject to the rule of apportionment…"

Legislative Attorney of the American Law Division of the Library of Congress Howard M. Zaritsky in his 1979 Report No. 80-19A, entitled 'Some Constitutional Questions Regarding the Federal Income Tax Laws'

Properly understood-- which means, understood as anyone would understand its plain words if not conditioned by a lifetime of distorting myth-monger nonsense-- the 16th Amendment says nothing about modifying or repealing anything, and says nothing suggesting a definition of "incomes" as "all that comes in" or anything like it. Instead it simply says that what is meant by "incomes" as used in the amendment can be taxed without apportionment.

The meaning of that term, "incomes", was, at the time of the amendment, already thoroughly established by 51 years of consistent statutory usage and judicial construction. Enacted in 1862, the income tax had been the focus of a dozen large and elaborate pieces of legislation between then and 1913, all of which used the term in a completely consistent fashion, and were consistently construed by the courts in the same way.

The meaning of "incomes" as used in the 16th Amendment is also necessarily dictated and controlled by other relevant provisions of the Constitution already in place when "incomes" became a Constitutional term in 1913. Those provisions, Article 1, Section 2 cl. 3 and Section 9 cl. 4, lay down the rule that only non-capitations (and only non-direct taxes generally) can be collected without apportionment.

Because of the apportionment rule, which is nowhere declared as modified or repealed by the 16th Amendment, the "incomes" being considered in the 16th Amendment and declared collectable without apportionment must be confined to objects of indirect taxation (and particularly cannot be anything which is the object of a capitation as defined by Adam Smith, per the historical records and the express finding of the US Supreme Court). And that this is the case is exactly what is uniformly said by that tall stack of authorities quoted above.

The simple, indisputable fact is, the "incomes" with which the 16th Amendment is concerned can only be excise-taxable-activities (measured and denominated by the gains the distinguished activities produce)-- not one whit different in character or scope from what they had been long before the amendment. Here's F. Morse Hubbard again, drilling down on that point in his 1943 testimony to Congress:

"The income tax... ...is an excise tax with respect to certain activities and privileges which is measured by reference to the income which they produce. The income is not the subject of the tax; it is the basis for determining the amount of tax.”

As is seen in Hubbard's words, the straightforward declarations of the Brushaber court, and those of all the other authorities cited, the 16th Amendment changed nothing about what is taxed or how the tax applies. The only meaning and effect of the amendment was to overrule the conclusion in an 1895 Supreme Court decision (Pollock v. Farmer's Loan & Trust) that the application of the tax to dividends and rent became legally a property tax by virtue of the sources (stocks and real estate) from which they were derived even though the dividends and rent were otherwise proper objects of an excise due to being privilege-based gains.

On the basis of that "tax on the fruit is a tax on the tree" reasoning, the Supreme Court struck down 10 sections of the 1894 act reviving the income tax after 22 years of dormancy. The 16th Amendment was passed in order to nullify that ruling and allow the 51-year-old privilege excise to resume.

...but no one looked...

BUT WHO IN THE FIRST HALF OF THE 20th CENTURY READ THESE SUPREME COURT RULINGS and kept them in mind as the years passed, and how many folks attended those Congressional hearings? Too few, apparently. After 30 years of subversive lies that the 16th Amendment allowed for a Marxist indiscriminate federal tax on "all that comes in" (or on money, or gains, or economic activity generally, any one of which, or any variation of which, would be a capitation) without the discipline and limitations of apportionment, the American people fell for the myth in the early 1940s-- and in so doing, made the myth a reality.

75 years of darkness promptly descended upon America, a darkness which might well be described as the shadow thrown across the land by the cancerously-swollen state grown huge and terrible at the expense of individual liberty and prosperity. That cancerous growth, made possible by the widespread misapplication of the income tax which began in amidst the tumult and distraction of World War II, had been the goal of the Fabian myth-mongers the whole time, in the expectation that they and their ideological descendants would be the ones pulling Leviathan's strings.

It hasn't just been the Fabian socialists

AS I SAID EARLIER, the myth-mongers succeeded in part by persistence (and clever and forethoughtful self-emplacement in positions of intellectual and educational influence), and in part by pandering to the interests of two key groups, who were quickly co-opted into the disinformation campaign. These two groups consisted of people in government, and private-sector persons engaged in the distinguishable privilege-based activities to which the American "income" tax actually applies.

The interests of the myth-mongers themselves (some of whom were from among both of these other groups themselves) was the transformation of the political power structure in America from one of individual liberty and the sharply- and broadly-diffused distribution of power necessary to preserve individual liberty into a collectivist, centralized power structure they expected to dominate and exploit. But there is another side to the income tax issue.

The actual objects of the actual income tax lawfully in place in America are gains from the exercise of federal privilege. Gains from the exercise of federal privilege means, to put it bluntly, private benefits enjoyed from the use of public resources. Such privileges include ownership and profitable operation of national banks, subsidized railroads and federal land exploitation, certain armament industries, enjoyment of public office, certain categories of bond investments, and other specially-advantaged situations.

The revival of the income tax with the adoption of the 16th Amendment restored a taxation of these private benefits which had been on hiatus since 1895. All these generally well-heeled and influential beneficiaries of privilege who had been banking all their profits without returning a dime to the public till found themselves facing some serious haircuts.

These folks quickly realized, perhaps with the encouragement of the Fabian socialists, that it is personally less expensive to be one of a great many contributors to the public fisc than one of only a few being tapped to finance the state, at what would be correspondingly higher rates. Plus, most of these folks also realized that the benefits to be had from exploiting the privileges to which they had access are much greater when the privilege-granter is big and powerful than when is it small enough to drown in a bathtub, as is the case when the Constitutional tax rules are being properly respected.

In short, the "1%" of the early part of the 20th century saw a lot to be gained for itself by arranging for its special "privilege tax" to become misunderstood and end up being paid by everyone, rather than just by themselves.

Ultimately, whether by agreement or simply a confluence of interest, the political class and the plutocracy found common cause with the Fabian ideologues. All put their shoulders behind the wheel delivering the "direct tax on all that comes in" myth of the transformational 16th Amendment into the public mind.

When all is said and done, the myth-mongers of the Fabian socialists, the political class and the 1% plutocracy has proven to be the greatest snow-job in world history. Trillions upon trillions of dollars of wealth and power have been fleeced from the hard-working American men and women who created it and have gone to enrich smug thieves who doubtless laugh all the way to the bank.

It's not much fun being tick-food, is it?

SO HERE'S A DISTURBING THOUGHT FOR EVERYONE who continues to pay the "ignorance tax"-- that is, an unapportioned tax on their unprivileged earnings being paid under the erroneous belief that the 16th Amendment authorized such a rule-defying capitation: You're letting yourself be a tool and a victim of the "1%", feeding them more wealth than they otherwise would ever have-- entirely at your expense, while simultaneously sparing them from their proper share of a tax which is designed to fall on them alone.

How does that feel? Not so good, right?

Here's another disturbing thought: The successful implantation of the myth of a Constitutionally-authorized unapportioned capitation-- especially in light of the apparent contradiction that suggests with the perfectly clear apportionment requirements found in Article 1-- has led many of today's Americans to see the Constitution as fundamentally flawed. What a windfall this is to those who have promoted the unapportioned-capitation-authority myth!

These promoters had chafed under the restraints of the Constitution for 140 years before breaking free 75 years ago or so. Seeing even pundits who claim to be classic liberals (libertarians) now disparage and denounce what Gladstone described as "the most wonderful work ever struck off at a given time by the brain and purpose of man," and what did indeed bind down the government by its chains effectively until the myth took hold, must send shivers of delight down the scoundrels' backs.

Now, the good news!

HAPPILY, FREEING YOURSELF from the 1%'s parasitic grasp (and changing those shivers of delight to shivers of another kind) is easy. All you have to do is read 'Cracking the Code- The Fascinating Truth About Taxation In America'.

In as short a time as you can read that small book, you will become the master of your own wealth and power in the fashion intended by the Founders of this great country. Those Founders set up the taxation rules in the Constitution for one simple reason: to protect your liberty by restraining the dangerous servant they were creating at the same time.. Their plan simply counts on you to look after your own interests in order to make it all work.

In as short a time as you can read that small book, you will join tens of thousands of your fellow Americans as part of the solution to the problem of Leviathan.

In as short a time as you can read that small book,, you will take a big step on behalf of all of us toward the restoration of the limited-government republic which was America's real claim to legitimate exceptionalism.

NOTE: This article is permalinked at http://www.losthorizons.com/A/TBSJ.htm.

Care to post a comment on this article?/a>

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Comments By Observers At Doreen's Sentencing

You can also find and share this film at https://youtu.be/1FUjk0tafmE.

*****

This Week's Featured Victory

A nice federal victory accompanied by graphics to help others and an excellent blog-post explaining it all

LIBERTARIAN ACTIVIST AND AUTHOR BRIAN WRIGHT celebrates his second educated-filing victory this week, adding a complete federal refund for 2015 (with interest) received last week to his complete Michigan refund for 2015 which was posted last spring. Here is the check:

...and here is the filing that produced that complete refund.

Here are Brian's introductory comments concerning educated filings that he wanted me to post for the benefit of others:

—Comment by Brian R. Wright—

It’s important for CtC filers to understand that they are dealing with an immense, ponderous, but rule-based system. The system will obey the rules, 99% of the time, and if you don’t raise any rule-defying flag, you’ll get your property back.

Nobody is out to get you for speaking out or being politically active; I, myself, am living proof of that: I wrote a book about Doreen’s ordeal (The Motor City Witchcraft Trials) and was a witness for Doreen at that proceeding. The prosecution, in front of the judge, quoted to the court from my Website, “… that this was a Kangaroo Court with a capital ‘K’… etc.” The prosecutor was outraged and the judge gave me a dirty look. They KNOW who I am and that I’ve pushed the boundaries of the 1st Amendment in condemning and ridiculing them.

[The only exception is if from very high in the management of that system, they want to single you out because you are threatening to expose them—as the diabolical Men of the Power Sickness VERY HIGH in the US Justice Department (and/or perhaps Homeland Security) pulled the strings to lawlessly per/prosecute Pete and, then, Doreen… not even the Mafia goes after your family or women.]

So read Cracking the Code, DO Cracking the Code—using the simple templates and resources available on Pete’s site losthorizons.com—, and take back your money and power by locating and shutting the spigot by which the Men of the Power Sickness drain your precious bodily fluids. It’s your blood and treasure. Take it and keep it. For heaven’s sake, stand up and man up for yourself and your family.

...and here is Brian's blog post discussing this victory and the importance of standing up for the rule of law in greater depth. It's well worth reading.

FINALLY, BRIAN, A DYNAMO of activism, has even gone so far as to render his "information return" rebuttals from this filing as graphics with explanatory notes for those who are not yet veterans:

GOT TO LOVE this fine, heroic American!

Brian has stepped up and acted to restrain the dangerous and corrupt state and uphold the rule of law, something desperately needed from everyone. His latest victory joins those of the tens of thousands of other awakened and activated Americans represented here, and is another step toward the restoration of the Founders republic and the true rule of law.

Don't you wish your victories were proudly posted, too?

It's easy. Stand up on behalf of the law, and then share the evidence.

That's all there is to it!

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Another Facet In The "Frivolous Penalty" Hoax

The sticky stuff keeps getting deeper...

ANYONE HARASSED BY "FRIVOLOUS PENALTY" THREATS might be interested in what sharp-eyed and properly-suspicious warrior Jeff Rische noticed the other day: Current versions of at least some "frivolous return penalty"-related scare-notices include a curious statement in one place or another:

"the penalty applies when the underlying conduct in relation to filing such a return is based on a position that the Internal Revenue Service has identified as frivolous (see Notice 2007-30)..."

This assertion is made as the explanation for the threat of a $5,000 penalty for the filing of a return. See an example here, from the backside of a CP15:

SO,... NO.

What is said here is absolutely NOT what the law says. It is particularly and expressly not what is very carefully said in the law, which was modified when the penalty amount was raised to $5,000 almost certainly with the specific purpose of taking the application of the now much-higher penalty OUT of the undisciplined hands of the IRS. Here is what the law actually says:

(c) Listing of frivolous positions

The Secretary shall prescribe (and periodically revise) a list of positions which the Secretary has identified as being frivolous for purposes of this subsection.

 26 U.S.C. § 6702(c)

As is seen, it is only the Secretary of the Treasury who can prescribe the "positions" for reliance on which one can be held to this penalty.

SO, WHY DOES THIS MATTER, when one might imagine the IRS would just rely on positions that the Secretary has, in fact prescribed (which are, in fact, found in the "Notice 2007-30" misleadingly referenced in the CP15 language excerpted above)? Because, in fact, the IRS does NOT rely on the Secretary's list, and instead makes up its own-- at least when trying its occasional harassment of CtC-educated filers-- as is explained in detail here.

Putting the bogus "position list" hoax together with this carefully worded dodge on the threat notice (remember, there's no reason for them to not have said "...that the Secretary has identified as frivolous...", and such things don't happen by accident) raises the question of the legal sufficiency-- or even meaningfulness in any sense-- of the threat notice itself. On its face it would appear that the notice is carefully disclaiming its own validity.

I'm beginning to think that I've been way to mild in using the term "hoax" in regard to this AR-44 scam. Maybe "fraud" is more appropriate...

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*****

A Reminder About An Important Reminder

Pre-emptive prophylaxis against troll-poop toxins

EVERY YEAR JUST AFTER "DECLARATION DAY" an unusual volume of fresh troll droppings meant to scare Americans away from CtC will be found polluting the internet. The reason is simple: those seeking to suppress CtC understand that D-Day awakens a strong sense of civic responsibility in the American breast, and that sense, combined with the knowledge that comes from reading CtC, is what these operators of the Leviathan state fear more than anything else.

Thus, in early July, more than any other time of year save around April 15, we see steady injections of usually-outright-idiotic but anxiety-inducing posts from obviously self-interested commentators. Most are along two lines.

THE NATURE OF THE FIRST OF THESE ESPECIALLY-COMMON efforts to frighten is dictated by the facts on the ground-- which is to say, the fact that all these refunds, like those posted above, are being issued. The effort to get around this inconvenient fact with any effect (and to undermine the illuminating power of this inconvenient fact) is along the line of, "Well, sure, lots of people get these refunds... but the government just comes back for them later!"

The troll hopes that it won't occur to the target audience that NO ONE (and especially not the world's most rogue government agency, which is widely understood to do whatever it wants and suffers no penalty of any kind for simply refusing to issue a claimed refund) would operate like this. NO ONE (especially that rogue agency) would hand over a refund that (per this storyline) isn't really owed, or the validity of which had not been ascertained, on the reasoning that it can always be recovered later.

The silliness of this assertion is impossible to put into words. But when one is a troll, one does the best one can, I suppose. (This absurd argument is sometimes fortified with another absurd assertion-- that tax agencies are required to simply issue, without delay, any refund which anyone has claimed, no matter what.)

The fact is, refund claims go through a rigorous gauntlet of scrutiny, skepticism and resistance-- EVERY TIME. This is especially so in the case of CtC-educated claims, which are of a particular and highly obvious character that is as unfriendly as possible to any tax agency's primary mission of collecting as much revenue as possible. We'll get to the IRS's own discussion of this fact in a bit.

(There ARE sporadic attempts by the tax agencies to get an educated claimant to reverse him-or herself and repudiate the claim-- a completely and very-revealingly different thing from what is meant to be imagined by the "...they'll come back for it later!" scare-line. See how those events play out here and here.)

THE SECOND OF THE UBIQUITOUS TROLL-DROPPINGS around D-Day is the assertion that, "The courts have ruled against what CtC teaches about the law!" This latter effort is in defiance of the facts on the ground, but I guess when you've been given the mission of arguing with reality you aim high and hope the runback evaporates before it reaches you.

Plainly, the courts have NOT "ruled against" what CtC teaches about the law. Had that happened, ever, even by some judge or judges acting in blatant disregard of what the law really says, there would be no CtC-educated filing honored at any time. Let me explain.

Every tax agency, from the IRS to those of every state and municipality that collects the income tax, has a legal office. The IRS, for instance, has its "Office of Chief Counsel".

Among other things, the job of these legal departments is to issue opinions and directives controlling the way their agencies handle claims. The directives are based on (usually the most self-serving possible) interpretations of any valid and relevant court ruling that serves the agency's mission of capturing and keeping every penny of revenue possible.

Plainly, had "the courts ruled against what CtC teaches about the law", CtC-educated claims, nearly all of which share unmistakable characteristics, would be subject to "Do not honor" directives, and the understanding of the law on which CtC-educated filings and claims are made would be prominently featured on the IRS's famous "Frivolous Positions" list. At the least, that understanding would appear there somewhere, prominently or not...

But instead, CtC-educated claims are routinely honored, and have been on hundreds of thousands of occasions since 2003. And very much contrary to the appearance of CtC's teachings about the law on the "Frivolous Positions List" the IRS resorts to an outright hoax by which it pretends that there is a "frivolous list" reference to CtC-educated claims in order to occasionally harass certain filers, dramatically underscoring the fact that what CtC teaches cannot be put on the actual list-- because it is correct and the government knows this full well.

Plainly, "the courts" have not ruled against what CtC teaches about the law-- unless by "courts" you mean the ones with which Alice had to contend in Looking Glass Land.*

SO ALL THAT SAID, let me get to the reminder about "The Reminder" promised in the title of this article: A short and concise rebuttal to all trollish nonsense can be found here, at the #Reminder bookmark on the Bulletin Board page. Please familiarize yourself with it, and please use it!

I've said a thousand times that we are way past there being any kind of battle over the law, or what the law says and means. Those things are known, and settled, and beyond dispute.

What we've had since 2003 is a battle against lies spun by those whose gravy-train and tyrannical agenda are threatened by the truth about the law. Things like the "Reminder" are your best weapons in that battle, and I hope everyone has a firm grasp on them and is swinging away.

That's how we will win.

"But what do we mean by the American Revolution?  Do we mean the American war? The Revolution was effected before the war commenced. The Revolution was in the minds and hearts of the people..."

-John Adams

*Frankly, it really wouldn't matter if a court HAD "ruled" against what CtC teaches about the law, would it? You've read the law for yourself! You know what it says, and that if a court "ruled" against it, the court would simply be lying (or personified by a moron).

Surely the fact that some fool or scoundrel in a black robe issued a bogus ruling wouldn't be cause for you to surrender your rights and stand down in your defense of the rule of law, would it? I hope not.

See this and this for a few thoughts in depth on this important point.

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*****

I Had A Great Meeting With Michigan's Attorney General's Office...

Federal officials who break Michigan laws are just common criminals in the eyes of the state

ON THURSDAY, MAY 12, I HAD AN EXCELLENT HOUR-LONG MEETING with Carter Bundy, a representative of Michigan Attorney General Bill Schuette. The subject was the investigation and possible prosecution of the federal judges and DOJ attorneys who have committed crimes against Doreen Hendrickson in violation of Michigan laws.

Michigan, like every other state, criminalizes subornation of perjury, witness tampering and coercion committed by anyone upon anyone else. The state also criminalizes aiding and abetting any of these crimes.

There are no exceptions in Michigan criminal law for government officials, whether foreign or domestic. Nor are there exceptions if the crimes are committed while "official duties" are purportedly being performed.

In Doreen's case, of course, no actual "official duties" were involved at all. The crimes themselves were the objects of the acting officials.

For instance, the subornation of perjury was itself the purported "official act" conducted when orders were issued attempting to control Doreen's testimony. Everything done to Doreen has always been pure crime, committed under the mere "color of law".

A selection of Michigan statutes criminalizing coercion of false testimony can be seen here. As can be seen by a review of those statutes, what has been done to Doreen is a slam-dunk smorgasbord of blatant felonies in violation of Michigan law.

I WILL ADMIT THAT FOR ME this approach to seeking justice for the criminal assaults on Doreen seemed a stretch. Not that it lacked anything in theory, mind-- indeed, the principle involved is about as straightforward as they come.

In fact, the principle involved here is among the most basic in our American system of government overall: federalism. This is the division of power in this country into coexisting and competing (therefore countervailing) forces, with the feds holding the states accountable when they are abusive to citizens (something we are all very familiar with) and the states doing the same to the feds in return (something we see very little, but only because it has gone out of fashion, not because it isn't the way things are supposed to work).

Nonetheless, I expected something of a "Huh? You've got to be kidding!" reaction from the state. Instead, there was no head-scratching or bemusement at all. Very gratifying.

I'M PRETTY EXCITED ABOUT how this initiative can at least deter future abuses by arrogant and corrupt federal officials. In order to optimize the opportunity here, I'm asking everyone who feels the same to contact Michigan AG Bill Schuette's office and urge a quick decision in favor of prosecuting Doreen's abusers. Contact info can be found here.

This is how it's supposed to work, people. It can be made to do so, if you help.

"This balance between the National and State governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It forms a double security to the people. If one encroaches on their rights they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by a certain rivalship, which will ever subsist between them."

-Alexander Hamilton, to the New York Ratifying Convention, June 17, 1788*

*Villain and poltroon though he was overall, here even Alexander Hamilton gets it right. Significantly, he does so as part of the argument by which ratification of the US Constitution was achieved. Thus, it is under this explicit construction and this construction only, as to this question, that the Constitution and the federal government which it brought into being can exercise authority. Any exercise of power by the federal government, or construction by any court on behalf of such an exercise, which is contrary to Hamilton's explanation here is without authority.

P.S. Many thanks to my excellent friends Gordon Dye and Eric Bond, who helped make this meeting happen.

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Are the presentations and resources offered on this site and in my other work of any value to you?

Tim Kendrick has posted a video on YouTube regarding donations. I didn't know what to do about it to begin with; I don't do what I do intending for anyone to feel obligated in any way.

But of course, no one IS obligated. I will continue to make my work freely-available here, and in my books for only the cost of a cheap paperback.

Thus, even though I post it here below, Tim's very thoughtful personal resolution and encouragement to others is just an invitation for consideration by those who may not be conscious of the fact that I can't do what I do without support. No one is to feel any pressure from it; if it moves anyone to act let it be solely because it seems right.

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Why Does The Government Lie About 'Cracking the Code'?

THE ANSWER TO THAT QUESTION is the key to the restoration of the republic and the rule of law in America. See it below. (NOTE: It's very important that the entire 24 minutes be viewed.)

This video can also be found on YouTube at https://youtu.be/hgzzYl-eeUI.

Here are links to the two pages to which viewers are directed at the end of the film: The Crime of the Century and The Truth About The 16th Amendment.

The other two mentioned in the film are this one (the "bulletin board" stack of 1,200 or so posted refunds and other victories in knowledgably applying the law; and this one (the collection of resisted claims and the outcomes of those little battles).

PLEASE be a real activist about sending this link to every single person in your address book, and about sharing it through facebook, reddit, twitter, and any other distribution channel with which you are familiar. Send it to every journalist you can. It's time to really make something happen.

Accompany your emails and posts with with a strong admonishment to watch the film through, and that doing so will show the viewer an individual-empowering, state-restraining truth about the income tax which the government has been trying to keep hidden from view for 75 years and which that person really needs to know.

BY THE WAY, as is impossible to miss, I have neither the skills nor the tools to make even moderately good films. This is simply not my forte. Anyone able to do better is encouraged to talk to me about that.

As is ALSO impossible to miss, though-- even in my amateur production-- reader video testimonials have GREAT POWER. Send me yours.

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How To Explain To A Pundit The Error Of His Ways

Educated, grown-up American Brendan Trainor shares his excellent example

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A Patriot Activist Talks About CtC

"McFloyd" on who got the tax wrong, and who gets it right

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What's your answer?

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How To Be A Leader In The CtC Community

It's simple:

KNOW THE TRUTH ABOUT THE TAX IN DETAIL

LEAD BY EXAMPLE

KNOW WHERE TO FIND THE RESOURCES

BE FAMILIAR WITH THE SCAMS, THE MISUNDERSTANDINGS, AND THE TROLL-POLLUTION

TAKE CHARGE IN YOUR STATE FORUM, HELPING EVERYONE TO THINK CLEARLY AND STAY ON TOPIC

All-in-all, just be the sort of person for others that you would go to yourself for trustworthy leadership.

Leadership is a challenge. But it's not complicated, and you can do it.

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True American Joe Black Testifies And Shares Victories For Liberty And The Rule Of Law

...as every American should...

EDUCATED AMERICAN GROWN-UP JOE BLACK has stood up and acted to enforce the law upon its domestic enemies-- or, at least, upon agencies of the state whose operators seem to happily exploit ignorance and mis-apply the law at every chance for their personal benefit. Get inspired and encouraged by Joe's video sharing his spirit, his testimony and the acknowledgements he has secured:

Find more testimonial videos here, and please, people, share these around as widely as you can. To learn what, how and why to share your own testimony (with or without mere practical victories to go along with the far more important spiritual victories that are the real heart of CtC), click here.

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Did you miss the 'Set Your Church Free' commentaries?

Set Your Church Free

Ignorance of the true nature of the "income" tax has gagged, gutted and seduced-into-disgrace America's ministerial community. This must change.

You're a passenger on a riverboat that relies on regular contributions of fuel from the passengers to keep moving forward. You see an unsurvivable waterfall ahead, and note a soon-to-be-irresistible current growing stronger each day. What does common sense suggest?

Copy and post this one around, people!

 

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Media Evasion Of CtC Must End, Now

Time, unfortunately, is on the side of the well-funded disinformation specialists

 

Illuminating anniversaries of this week: August 19- In 1919, Afghanistan gains independence from the United Kingdom.  In 1934, Hitler's office as Fϋhrer of Germany is approved by 89.9% of the electorate.  In 1953, the CIA succeeds in overthrowing the recently elected government of Mohammed Mossadegh in Iran and re-installing the brutally repressive but more United-States-compliant dictatorship of Shah Reza Pahlavi.  In 1991, Soviet President Mikhail Gorbachev is placed under house arrest by members of his administration attempting to thwart the collapse of the Soviet Union.  In 2005, the first ever joint military exercise by Russia and China begins.  In 2010, a token portion of United States troops leave Iraq under the pretense that the U.S. was de-occupying the devastated country and allowing it to resume self-determination.  Actually, vast numbers of United States mercenary and uniformed forces remained in the conquered country (at least 50,000).

 

Are You Having Trouble Spreading The Word?

SKEPTICISM (SOMETIMES INVOKED BY FEAR) IS TO BE EXPECTED when you're trying to explain to someone that everything they've been encouraged their whole lives to believe about something as entrenched and significant as the income tax is basically nonsense. So here's a way to help cut through the resistance:

Ask your listener how he or she would react if you were to show an announcement from the Commissioner of Internal Revenue admitting that the tax doesn't apply to the earnings of most Americans and is misapplied most of the time because people don't understand how it works? Or how about if you showed a ruling from the Supreme Court saying the same?

Now you just have to explain that you're going to show exactly those things-- but because the state really doesn't want people to know this, these things haven't been said quite as forthrightly as we would all wish. It's going to take a bit more work to take these admissions in than is sufficient for just reading a press release. But it'll be worth the effort...

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The Liberating Truth About The 16th Amendment IF YOU'RE NOT SPREADING THIS LINK with every bit of energy you can, to school libraries, homeschool families and community groups, your neighbors, your family members, your pastors and co-congregationalists, journalists, lawyers, CPAs, members of congress, tax-agency workers, Wikipedia, Anonymous, WikiLeaks, the Tax Foundation, everyone in the "tax honesty" movement, the 9/11 truth movement, other activist movements and everyone else, you have only yourself to blame for your troubles with the tax, and a whole lot else of which you might complain. It's on you. WRITE A NICE, FRIENDLY AND BRIEF introductory note explaining what will be seen at the link-- cryptic is bad; excited is good-- and then send this WMI (weapon of mass instruction) far and wide. "I am a great believer in luck, and I find the harder I work, the more I have of it." -Thomas Jefferson

 

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Real Americans don't accommodate fog, lies and a sliding scale of adherence to the rule of law. Real American men and women stand up for the truth and the law, come what may, knowing that it is only by setting the bar at the top and enforcing it, come what may, that liberties are secured.

 

"Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated."

-Thomas Paine

 

OUTREACH!!!

JOB ONE, PEOPLE!!! SPREAD. THE. WORD.

ONLY ONE THING WILL WIN YOU YOUR LIBERTY: Spreading the truth. Accordingly, I've assembled outreach resources into a new, dedicated page. Find it here, and please, USE THESE TOOLS!! I can't do this all by myself. 

"In a time of universal deceit - telling the truth is a revolutionary act."

-George Orwell

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Test Your "Income" Tax IQ! CtC Warrior SanDiegoScott has put together a great little 20-question quiz to test your knowledge of the law regarding the United States "income" tax.  Test yourself, test your friends and family!  Test your accountant and tax attorney, and help them learn the liberating truth!!   Click here to take the test   Click here for more Tax IQ tests

“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.”

-James Madison

 

How About You?

 

Are You Governing Yourself?

Get The Knowledge, Reclaim Your Power, And Stand With The Founders

 

 

OTHER VOOTHER VOICES: It's Getting Scarier ...every day by Justin Raimondo I’ve finally figured out why so many pundits and journalists are signing on to the new cold war with Russia: they weren’t alive during the last one. They have no memory of the Cuban missile crisis, they didn’t grow up in the era of backyard bomb shelters: for them, Fail Safe and On the Beach are just old movies. Take Greg Sargent, an opinion columnist with the Washington Post, who was a twinkle in his parents’ eyes when John F. Kennedy put American nukes in Turkey and the Russians responded by installing nuclear missiles in Cuba. So eager is he for a confrontation with Vladimir Putin that he tweeted this the other day. I responded with this. And he fired back with this – I must be a Trump supporter! As I told him, I hope he’s alive after the next missile crisis with Russia – which will be coming real soon after Hillary Clinton takes office. Or take Josh Rogin, who writes about foreign policy for the Washington Post: he’s upset that Trump won’t risk World War III by facing off with Putin over Ukraine. Trump must be “in lockstep with Putin.” Yet Rogin didn’t dispute the merits of what Trump had to say – that he’d consider recognizing the Crimean referendum – only implying that Trump was some kind of Manchurian candidate. I answered him here, and he soon fled back into the nether reaches of the Twittersphere. And I’d make the same point about him that I made about Sargent: these people are children. They have no memory of the cold war. They never lived under the threat of nuclear annihilation., To them it’s all a game. Continued.../p> Click here to read the rest of this article NOW CONSIDER: Aren't you REALLY, REALLY glad YOU'VE had the fortitude and clarity of vision to do the only thing that will actually make a difference by taking control of how much of YOUR WEALTH facilitates government misbehavior?   Now ask yourself this: Have I really done all that I can to urge everyone I know to also stand up and act in the only way that will really bring about change in my lifetime?    *****  Even as ardent a statist as Abraham Lincoln, in announcing his willingness to burn the Southern states to the ground in order to keep them paying the tariff for the benefit of Northern interests in his first inaugural address on March 4, 1861, paid at least lip service to the Founders design of leaving control over the fuel available to feed the fires Washington wants to light in the hands of the individual citizenry when he said, "Doing this I deem to be only a simple duty on my part; and I shall perform it, unless my rightful masters, the American people, shall withhold the requisite means..." Held over great reading recommendations: Disinformation-How it works by Brandon Smith ***** 'The Discourse of Voluntary Servitude by Étienne de la Boétie *****       Return to contents

 

Illuminating anniversaries of this week: August 20- In 1866, the War of Northern Aggression is formally declared to be at an end.  In 1920, the first commercial radio station, (WWJ in Detroit, Michigan) begins broadcasting.  In 1938, Lou Gehrig hits his 23rd grand slam homerun.  In 1969, the Beatles share a recording studio as a group for the last time.  In 1991, Estonia seceded from the Soviet Union.  In 1998, Bill Clinton, hoping to distract public attention from the Lewinski scandal, launches cruise missiles at al Qaida encampments in Afghanistan, and a pharmaceutical plant in Sudan.

 

Are You Ready For More Power?       "Peter Hendrickson has done it again! 'Upholding The Law' does for individual liberties what 'Cracking the Code' did for tax law compliance: exposes the reader to the unalienable truth!" -Jesse Herron, Bill Of Rights Press, Fort Collins, Colorado Click here for more information And don't miss: Was Grandpa Really a Moron picks up where 'Cracking the Code- The Fascinating Truth About The Income Tax' leaves off. Click here for more information

 

There is little more important to the long-term health of America than how our children are educated..

HOMESCHOOL YOUR KIDS!

 

Want to get on the Newsletter mailing list?  Just email your name to SubscribeMe 'at' losthorizons.com using the address you want added!

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Some Observations Regarding Educated And Accurate Filing

 

CtC-Educated Lawyers: It's Way Past Time For You All To Queue Up!   [Y]ou really need to familiarize yourself with Pete Hendrickson's absolutely magnificent work at his website and in his book(s).  He has, brilliantly and lucidly, "cracked the code" regarding the federal income EXCISE tax(es)." -Mark C. Phillips, JD   "...I find your work fascinatingly simple to understand." -Jerry Arnowitz, JD   "Your book is a masterpiece!" -Michael Carver, JD   "Received your book yesterday.  Started reading at 11 PM, finished at 4 AM."  "I have 16 feet (literally 16' 4.5") of documents supporting just about everything in your book." "Your book should be required reading for every lawyer before being admitted to any Bar."  "I hope you sell a million of them."  -John O'Neil Green, JD   “Thanks again for your efforts, Pete. They mean an awful lot to a lot of people.” “…as an attorney, I am humbled by your knowledge and ability in navigating the law.  THANK YOU for your hard work and sacrifice.” -Eric Smithers, JD   "I am an attorney and want to give a testimonial to your book, which I find to be compelling. I am exercising these rights for myself and my adult children. I'm even considering making this my new avenue of law practice." -Nancy "Ana" Garner, JD   Learn what these colleagues already know, then step forward and become part of a coordinated, mutually-supportive squadron focused on developing strategy and deploying the law in courtrooms across the country.  There's a lot of suing that needs doing right now.   Are you ready for a challenge that'll put some real meaning behind all the effort you went through to get your credentials?  Send me an email.

 

Have You Taken A Military, Law Enforcement or Public Office Oath To Uphold And Defend The Constitution?

 

Renew Your Promise

 

IGNORANCE TAX: An unnecessary exaction suffered out of ignorance as to its lawful objects and the means of its application by someone too lazy, frightened or misled to learn how it really works and to what it really applies.  See "Income Tax", "Social Security Tax", "Medicare Tax" and "Federal Unemployment Tax".

 

"It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error." -United States Supreme Court Justice Robert H. Jackson   The Choice Is This Stark   Wear this new T-Shirt proudly, and tell the enemies of the law that if they don't like Constitutional limits, they should find someplace else to live!

 

SPOTLIGHT on ACTIVISM

 

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'Don't Tread On Me' Polo Shirts Say It All!

 

 

Click Here To Get Yours Now!

 

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More Than Two Thirds Of The Several States That Collect "Income" Taxes Have Now Acknowledged The Truth About The Law As Revealed In CtC, And Have Issued Complete Refunds Accordingly!  See The Following Chart...

 

 

 

'The BOSTONIAN'S Paying the EXCISE-MAN, or TARRING & FEATHERING' (1774)

(How our forefathers responded to arrogant "Rule of Law defiers"...)

 

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HELP SPREAD THE LIBERATING TRUTH ABOUT THE TAX

“All truth passes through three stages. First, it is ridiculed, second it is violently opposed, and third, it is accepted as self-evident.”

-Arthur Schopenhauer

 

Get your FREE* CtC bumper sticker and help spread the word!

Just send a stamped, self-addressed envelope to Lost Horizons, Bumper Sticker Offer, 232 Oriole Rd., Commerce Twp., MI 48382 (*If you want to throw a few bucks into the envelope to help with costs, that'd be nice, but it's entirely optional...)

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The Willingness Of Some People To Trade Liberty For Convenience Is Without Limit Some Observations About Current Political Efforts To Evade The Truth, Such As The "Fair Tax" Scheme   Regarding "Tax Reform"

 

"Taxes are not raised to carry on wars, wars are raised to carry on taxes."

-Thomas Paine

 

Where To Find Things On This Site

 

Law Professor James Duane Says: "Don't Talk To The Police.  Period."

 

Honest Cops Agree

 

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Films That Belong In Every Home Library

 

CLICK HERE TO INSTRUCT YOUR CONGRESSIONAL REPRESENTATIVES

 

Ever Wonder How Much An Unrestrained FedState Would Like To Tap You For?

 

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Warrior David Larson shares this beautiful little farce, wryly observing that, "Depositors have "..not lost one penny.." - OK we could agree on that simple statement  ..how about the purchasing power of that same penny 'not lost'?"

 

Source: Bureau of Labor Statistics

 

REGARDING MONEY

 

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Illuminating anniversaries of this week: August 21- In 1680, Pueblo Indians capture Santa Fe from Spanish forces during what is known as the Pueblo Revolt.  In 1878, the American Bar Association is founded.  In 1888, William Burroughs patents his adding machine.  In 1959, Dwight Eisenhower signs an executive order proclaiming Hawaii to be the 50th state of the union.  In 1968, Warsaw Pact troops invade Czechoslovakia in response to the Prague Spring Uprising.  In 1986, a vast cloud of carbon dioxide bubbled up from the volcanic Lake Nyos in Cameroon, of such size as to asphyxiate persons and animals within 14 miles of the lake.  In 1992, the federal assault on the Weaver family in Ruby Ridge, Idaho begins.  In 2007, historians took note that it was the 169th 21st of August since Iran last initiated military aggression against anyone.  In 2013, hundreds of Syrians are killed by chemical-weapons attacks falsely ascribed by the US to the Assad government whose overthrow by Muslim extremists it was financing, arming, training and encouraging.

 

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Last Word

 

"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you. May your chains set lightly upon you; and may posterity forget that ye were our countrymen."

-Samuel Adams, Architect of the First American Revolution

 

OK, Now Back To Your Regularly Scheduled Programming:

 

 

Is this newsletter of any value to you? If so, please consider a donation to help keep it available, or it soon won't be. Donations can be sent to:   Peter Hendrickson 232 Oriole St. Commerce Twp., MI  48382

 

Order Books, Warrior-Wear, or The CtC Companion CD

 

An "Income" Tax Related Site Map

 

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Want to get on the Newsletter mailing list?  Just send an email from the address you want added to SubscribeMe 'at' losthorizons.com with "Subscribe me" in the subject line, and your name in the body!

 

PLEASE CONTINUE TO DILIGENTLY SPREAD THE LIBERATING TRUTH ABOUT THE TAX!!!

 

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Your Comments To comment on any article in this newsletter (or to read comments of others), click on the below. (It may take a while for your newly-posted comments to appear; also, please understand that this is NOT a place for posing questions about individual tax situations.)

 

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About The Author   Pete Hendrickson is possibly the most effective lawyer in history, even while never having set foot in a law school, nor ever being a card-carrying member of "the bar". He is the first American in history to secure a complete refund of Social Security and Medicare ‘contributions’ withheld from his earnings (along with all other property taken for federal taxes); further, since 2003 students of his legal analyses and arguments in ‘Cracking the Code- The Fascinating Truth About Taxation In America’’ (CtC), and its sequel, 'Was Grandpa Really a Moron?' have been routinely retaining and recovering billions of dollars which otherwise-- wrongly, but as a matter of course-- would have gone to federal or state government treasuries. This despite concerted efforts by government to suppress his work, and in some cases vigorously oppose the claims by his students.   Hendrickson is also a widely-read essayist on matters of politics, public policy and law; many of these works are collected in his second book, ‘Upholding the Law And Other Observations’.  He is a member of Mensa; an award-winning artist; and has paid his dues as a youth soccer coach.  He is a long-time political activist as well, and has served as co-chair and platform convention delegate of Michigan’s largest county Libertarian Party organization; as a consultant to the National Right to Work Foundation and Citizens for a Sound Economy; as a member of the Heartland Institute; and as a member of the International Society for Individual Liberty.  He is a frequent radio-show guest on stations across the country.   Hendrickson's business career has included nearly a decade-and-a-half at the leading edge of the renewable-energy industry, both as Director of Purchasing and Materials Management and member of the R&D board at Starpak Energy Systems, the mid-west's then-largest solar heating and energy-recovery-and re-utilization company; and as founder and president of AFJ Inc., a high-efficiency lighting design, manufacture and installation firm.   Beginning in the mid-1990s and continuing for the twelve years before his present full-time focus on the restoration of the rule of law in America, Hendrickson directed purchasing activities for the $84 million-a-year multi-family-housing division of the Farmington Hills, Michigan branch of Edward Rose and Sons, with responsibility for 18,000+ apartments, direct supervision of 35 technicians and agents, and incidental authority over several hundred divisional workers.  He also ran the division's 10 cable television earth-station and distribution systems in four states, and designed and administered the company's website.   On rather the other end of the spectrum, amidst these more mundane pursuits Hendrickson co-founded and was the primary creative force behind a small board- and card-game company that enjoyed a modest success for several years.   Hendrickson makes his home in southeast Michigan, with his wife and two children.  He is currently working on his next book.

 

© All written and graphic material on this page and website are copyrighted by Peter E. Hendrickson, unless otherwise attributed