PROOF your IQD Trade is NOT taxable

[davids11548]

So by this do I understand that the 59 caddie that I bought in 68 and now in 09 is suddenly worth $60,000.00 .I do not have to pay additional taxes because, it's value was re asigned ?

[darkstar]

talion1011.

You said:

If you'd like, I can list cases where people DID choose not to pay their taxes based on Darkstar's reasoning, and were determined by the supreme court to owe several millions of dollars in backtaxes and served jail time.

I would be very interested in seeing some of these supreme court cases.

Thank you

[darkstar]

Can you give us suggestions of names of tax attorney's that have successfully won cases against the IRS or interpret the law the way you do? If so, which ones are the best and in the West? Thanks in advance!

Dassleu,

www.minnslaw.com

There is NONE better!

[zoomzoom]

Darkstar

What are you expecting any of us to do? You know the IRS packs a wicked punch, regardles of whether they are right or wrong. The Constitution does not seem to matter to them. Who will defend the Constitution? I for one am a believer in everything the Founding Fathers gave us. They are not here to defend us now. No politician in Washington or elsewhere has the balls to stand up and be counted.

[darkstar]

zoomzoom,

You are correct. All I am asking you to do is embrace the truth, and share it boldly with others.

What is happening in this country now IS NOT NEW.

What has been will be again, what has been done will be done again; there is nothing new under the sun.

-- Ecclesiastes 1:9

I would like you to NOT believe one word I have shared with you here because I said it, but because you have done your own due diligence, and discovered for yourself that what I say is true. I would like for you to embrace it and boldly share it and educate others. It is easy for me because of who I am and what I do. It will be challenging in the beginning. I would like for you to get involved with your politics in a big way. I would like for you to vote out the incumbent, regardless of who it is. I would like for you to not give up on the principles and values of our Constitution envisioned by our Founders. I would like for you to find salvation this Christmas if you have not done so already. And finally, I wish you joy this holiday season. We still have much to be thankful for!

[Dazzleu]

Thank you for the link you sent me. I have enjoyed reading the website, as I do all your posts.

[talion1011]

I would be very interested in seeing some of these supreme court cases.

Thank you

This one isn't a supreme court case, but is an instance of someone who refused to pay taxes because he believed there was no law that required him to.

http://www.foxnews.com/story/0,2933,245003,00.html

I quote from the article ""Some people are drawn to the anti-tax movements and the false representation that there is no legal requirement to file and pay taxes. Today's verdict clearly reaffirms the repeated rejection of these arguments in the courts," IRS Special Agent Douglas Bricker said in a statement after Thursday's court ruling."

Here is a link to the IRS website where it deals with "frivolous tax arguments" such as DarkStar's.

http://www.irs.gov/taxpros/article/0,,id=159932,00.html

And here are a list of court cases with the summarized conclusions in relation to income taxes.

- Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-30 (1955) - Referring to the statute's words "income derived from any source whatever," the Supreme Court stated, "this language was used by Congress to exert in this field 'the full measure of its taxing power.' . . . And the Court has given a liberal construction to this broad phraseology in recognition of the intention of Congress to tax all gains except those specifically exempted."

-Commissioner v. Kowalski, 434 U.S. 77 (1977) - The Supreme Court found that payments are considered income where the payments are undeniably accessions to wealth, clearly realized, and over which a taxpayer has complete dominion.

-United States v. Connor, 898 F.2d 942, 943-44 (3d Cir.), cert. denied, 497 U.S. 1029 (1990) - The court stated, "[e]very court which has ever considered the issue has unequivocally rejected the argument that wages are not income."

-Lonsdale v. Commissioner, 661 F.2d 71, 72 (5 th Cir. 1981) - The court rejected as "meritless" the taxpayer's contention that the "exchange of services for money is a zero-sum transaction . . . ."

-United States v. Romero, 640 F.2d 1014, 1016 (9 th Cir. 1981) - The court affirmed Romero's conviction for willfully failing to file tax returns, finding, in part, that "[t]he trial judge properly instructed the jury on the meaning of ['income' and 'person']. Romero's proclaimed belief that he was not a 'person' and that the wages he earned as a carpenter were not 'income' is fatuous as well as obviously incorrect." Abrams v. Commissioner, 82 T.C. 403, 413 (1984) - The court rejected the argument that wages are not income, sustained the failure to file penalty, and awarded damages of $5,000 for pursuing a position that was "frivolous and groundless . . . and maintained primarily for delay."

-Cullinane v. Commissioner, T.C. Memo. 1999-2, 77 T.C.M. (CCH) 1192, 1193 (1999) - Noting that "[c]ourts have consistently held that compensation for services rendered constitutes taxable income and that taxpayers have no tax basis in their labor," the court found Cullinane liable for the failure to file penalty, stating, "[his] argument that he is not required to pay tax on compensation for services does not constitute reasonable cause."

[DaveH]

good luck with that fight

[zoomzoom]

There is no argument that the IRS and the courts are fining and putting peoplep in jail, for not complying with the IRS demands. The argument is ,whether what they are doing is Constitutional. In a free society no individual should become beholding to government. This Republic was based on the fact that the people are above the government, in other words, the government should support and protect all of our individual rights to choice. The moment that governments attach income and property of any sort, we all loose the ability and freedom to choose.

We all know the IRS is invincible under the current confiscatory system. If you believe this is wrong at all levels, what are you doing about it. Lack of action as citizens slowly erodes more and more of our freedom to choose, by restricting the use of the fruits of our labor and risk. The socialist mindset has slowly distorted all of our thinking so that even when we argue and complain we still acknowledge that their system must be necessary, while at the same time trying to minimize it. It cannot be minimized. Any acknowledgement is full agreement. There must be a full rejection of these socialist principals. We cannot be drawn into arguments that further their cause. The Constitution does not give them any standing. Central governments are not to intrude into the affairs of individuals. The States should be dealing with local issues and, even there, their powers are limited. Remember all powers not vested in government are vested to the people. Always keeping in mind that freedom is not anarchy, but responsibility.

[talion1011]

There is no argument that the IRS and the courts are fining and putting peoplep in jail, for not complying with the IRS demands. The argument is ,whether what they are doing is Constitutional. In a free society no individual should become beholding to government. This Republic was based on the fact that the people are above the government, in other words, the government should support and protect all of our individual rights to choice. The moment that governments attach income and property of any sort, we all loose the ability and freedom to choose.

We all know the IRS is invincible under the current confiscatory system. If you believe this is wrong at all levels, what are you doing about it. Lack of action as citizens slowly erodes more and more of our freedom to choose, by restricting the use of the fruits of our labor and risk. The socialist mindset has slowly distorted all of our thinking so that even when we argue and complain we still acknowledge that their system must be necessary, while at the same time trying to minimize it. It cannot be minimized. Any acknowledgement is full agreement. There must be a full rejection of these socialist principals. We cannot be drawn into arguments that further their cause. The Constitution does not give them any standing. Central governments are not to intrude into the affairs of individuals. The States should be dealing with local issues and, even there, their powers are limited. Remember all powers not vested in government are vested to the people. Always keeping in mind that freedom is not anarchy, but responsibility.

The Supreme Court has supported the government's decision to tax everyone, and has deemed it "constitutional" for better or worst. Any argument after the fact is moot. If you don't like a government taxing you, there's only two things you can do: leave the country, or start a coup to overthrow the leader with the big stick. Anything else is a waste of time and won't result in any change.

You can appeal to congressmen and lawyers all you want. Fact is, there are already established cases in the Supreme Court where the decision was made, and it's difficult (if not impossible) to change that opinion when one side of the argument can just point to multiple historical cases to win.

And the whole idea that you should be able to be a citizen in this country without paying taxes is just the height of liberalism and entitlement, in my opinion. The only way you should get away without paying any taxes is if you never use public services (ie roads, bridges, public transportation, public schools, electricity, water, etc.) And, if there are provisions given specifically for you which state that the police/fire department will do everything in their power to NOT protect you. And whenever a war breaks out, the military has the right to throw you out in the front lines as cannon fodder, since we can't risk the chance of having saved your butt.

Except if that were the case, you would be dead in Iraq already, instead of on a public forum whining about having to actually do something for the government/country.

[ideblasi]

Your statement proves my point. Your assumption is that direct taxation is legit, so you are willing to accept things as they are. I acknowledge that government need to collect money, the only difference is that to be TRULY free this must happen indirectly so that no one is put in the position of being debtor to the government.

[rt59]

Let me know when your trail starts, I would like to know how your fight with the IRS and the big G come out. What a crock!

[rt59]

Let me know when your trail starts, I would like to know how your fight with the IRS and the big G come out. What a crock!

[zoomzoom]

rt59, people like you that have your attitude is the reason we are in the mess we are in. Problem is, you don't realize you have an understanding problem!

[Dazzleu]

I think Zoom Zoom you are correct. I can't believe I

[Dazzleu]

I can't believe I did that on rt59... I totally disagree with him.

I just want all of Americans to only give to the government our fair share and the rest we do with it the way we want. Giving to Charity, help our families, etc...

We should be doing what Darkstar is trying to get us to do and research as much as possible. We may never get to the knowledge that Darkstar has, but that doesn't mean that we should blindly and voluntarily give what we don't have to. IMO

[talion1011]

The number of delusional people on this website is just shocking. I put up argument after argument, all listing supreme court cases and the regulations directly from the IRC, and yet there are some people who choose to listen to counter-arguments that are all speculation and theory, with no foundation in the IRC or supreme court cases. Darkstar hasn't even pointed out where in the IRC that states the only taxable income is that which comes from a trade or business.

[talion1011]

We should be doing what Darkstar is trying to get us to do and research as much as possible.

Please follow your own advice and read the IRC. Or at least read the summaries of the supreme court cases dealing with the arguments raised by Darkstar. I know it's hard work reading the legal documents, but don't believe something just because it fits what you want life to be like.

[Julie4004]

Gambling winnings are taxed and they are not from a trade or business.

[Traconesu02]

Thanks for the post. I am going to play it safe and hire a tax attorney to handle mine and try to pay as little taxes as legally possible. Maybe he will tell me the same thing and that will be great.

[compassion]

Gambling winnings are taxed and they are not from a trade or business.

When you enter a Casino, and win, you agree to their terms! That is what this is all about. So you can play the "game" or you can not play their "Game". Nothing wrong with their premise, if you don't drink do you think it is unlawful for someone to purchase a liquor license, and agree to the terms and open a business, reportable to those they REQUESTED, "Voluntarily" , BUT IF YOU DON'T GET THIS POINT, you just don't get it. Pray about it, you will see it!

God' Grace and Love to you and your families, you are in my prayers!

Merry CHRISTmas!

[zoomzoom]

Tallion 1011, nobody is suggesting not paying taxes, because we all know how ruthless the IRS is. My point is to try and make people aware how unjust the system is. There is a claim of freedom, but in fact none of us is truly free. We are given the illusion of freedom when in fact our lives are tightly controlled by the puppet masters in Washington. Look around you and see how much of your life and behaviour is controlled and channeled the way someone else has decided. I know the system will fall on you like a lead weight if it sees a mistep. This does not mean we should just keep on taking it up the you know what. We can change things at election time. Get rid of all the incumbents and only vote for those that truly follow the Constitution and not just pay lip service to it.

Merry Christmas and a Happy New Year to all!

[sheltiemom]

Talion1011, Please let me say how GLAD I am to know that you are here!

There are those who would claim that, if you "blindly" pay your taxes, you are "not thinking for yourself." But I would argue that all of these people who, because one delusional person says he has "proof," start thinking they don't have to pay taxes are truly the ones who are following the crowd. Talk about passing the kool-aid!

You have intelligently researched and provided real proof in the form of IRS publications, links, court cases, etc. "Straight from the horse's mouth" as my dear departed grandmother would say. Over and over the courts have upheld "all income from whatever source." How are you going to argue with the Supreme Court? Seriously? If someone still thinks that they can do whatever they see fit after reading the IRS's own documents, and looking at the failed court cases, then I really can't feel sorry for them when they have to deal with the consequences of choosing to ignore what's right there in black and white.

But that's the problem...very few, if any, are reading for themselves. ( I would say 'researching' for themselves, but you have done all the work for them ) It's amazing to me that one person says "dinar exchange can't be taxed" and that's all anyone want to hear. Don't dare say anything different or they jump all over you. It's the blind leading the blind.

So, Talion1011, your effort and reasoning is very much appreciated. I truly hope people will take a step back and go over all that you have presented here (and as Den56 has pointed out, IRS Pub 525) and then find a good tax attorney. Thank you, thank you, thank you for being so level-headed, thought-ful and articulate.

Look around you and see how much of your life and behaviour is controlled and channeled the way someone else has decided.

Zoomzoom: If you live in ANY society, your life and behavior is controlled and channeled the way others decide. Every single day people have to conform or they pay the price in some way. It doesn't matter whether it's here or in some remote village of the Amazon. There are rules/expectations/laws on every aspect of life, and there are consequences if they are broken. It sounds like you think the USA is horribly oppressive. If that is true, then why are people all over the world so desperate to get here? I welcome you to try someplace else if it's so bad here.

[huffysback]

Just found this and I was wondering how do you reply to this statement...

1. The investor may purchase a foreign currency in exchange for U.S. dollars and hold the foreign currency as a capital asset. Any gain or loss would be a capital gain or loss.

Because it sounds like we would in fact pay capital gains...yes?

[MakeYourDay]

I spoke with a Tax Attorney this week and he said "There is no tax on currency exchange."

I ask him, "Are you absolutely, 100% sure that if I exchanged currency from another country into $USD that I would not have to pay any tax in the USA?" He said, "100% sure!"

NOW, I HOPE HE IS CORRECT.