From - Sat May 22 09:57:15 1999 Received: from ( []) by (8.6.11/8.6.12) with ESMTP id OAA15600 for ; Mon, 1 Mar 1999 14:49:50 -0800 From: Received: from ( []) by (8.8.7/8.8.5) with ESMTP id OAA06456 for ; Mon, 1 Mar 1999 14:49:39 -0800 (PST) Message-ID: <> Date: Mon, 01 Mar 1999 14:50:37 -0800 X-Mailer: Mozilla 4.04 [en] (Win95; I) MIME-Version: 1.0 To: patriot Subject: [Fwd: [apfn] Re: [Fwd: IRS SPECIAL AGENT finds NO INCOME TAX LAW EXISTS !!!]] Content-Type: multipart/mixed; boundary="------------57D32F5DFDBCD6E34B98221E" X-UIDL: e8509fb56a9831733652991969a89e44 X-Mozilla-Status: 2001 This is a multi-part message in MIME format. --------------57D32F5DFDBCD6E34B98221E Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit --------------57D32F5DFDBCD6E34B98221E Content-Type: message/rfc822 Content-Transfer-Encoding: 7bit Content-Disposition: inline Received: from ( []) by (8.8.7/8.8.5) with SMTP id OAA26055 for ; Mon, 1 Mar 1999 14:05:31 -0800 (PST) Received: (qmail 11957 invoked by alias); 1 Mar 1999 22:02:24 -0000 Received: (qmail 11948 invoked from network); 1 Mar 1999 22:02:22 -0000 Received: from unknown (HELO ( by with SMTP; 1 Mar 1999 22:02:22 -0000 Received: from ([]) by (8.8.7/8.8.7) with SMTP id OAA03786; Mon, 1 Mar 1999 14:28:30 -0800 Message-Id: <> X-Sender: X-Mailer: Windows Eudora Light Version 3.0.1 (32) Date: Mon, 01 Mar 1999 13:58:37 -0800 To:, APFN SUBSCRIBERS , APFN eGroupt , APFN ONELIST From: Herbert Smith Cc: APFN WEBMASTER , " APFN1@VEGASNET.NET" In-Reply-To: <> Mailing-List: list; contact Delivered-To: mailing list Precedence: bulk List-Unsubscribe: Reply-to: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Subject: [apfn] Re: [Fwd: IRS SPECIAL AGENT finds NO INCOME TAX LAW EXISTS !!!] From: Herbert Smith One question regarding Mr. Joseph R. Bannister: How can we be sure he isn't a "Trojan Horse"?? Please, no offense to Mr. Bannister. He seems well-organized (web-page "www.freedomabove") and sincere, but given the temper of these times, can or will anyone vouch for him beyond his recent employer? I thought the point worth asking. At 06:06 AM 3/1/99 -0800, American Patriot Friends Network wrote: > > From: BILL BENSON > Subject: [Fwd: IRS SPECIAL AGENT finds NO INCOME TAX LAW EXISTS !!!] > > To All > >Remember as Bill Benson always tells the world, >TOGETHER WE SHALL WIN !!!! >have a happy day. > > BILL BENSON > ***************************** > ***Joseph R. Banister, Special Agent of the IRS > finds NO LAW THAT REQUIRES ANY AMERICAN TO FILE > AND PAY INCOME TAX!*** > > Where: At the Freedom law School's Freedom Rally > to be held at Sheraton Hotel >in Newport Beach, California on March 13-14th, >Mr. Banister will share his findings and Report >with the American People. > > To: All Freedom Loving Americans Date: February 25, 1999 > From: Peymon Mottahedeh, President Freedom Law School > > Dear Fellow American, > > Over the last 14 months, Freedom Law School along with Bill >Conklin, Free Enterprise Society, Attorney Larry Becraft, Devvy >Kidd and Bill Benson have been in communication with >Joseph R. Banister, who is a Special Agent >(Criminal Investigation Division) of the IRS in >San Jose, California, and educated Mr. Banister as to >how and why there is NO LAW THAT REQUIRES ANY >AMERICAN TO FILE AND PAY INCOME TAX! > > Mr. Banister with his own time and money has verified that: > 1) There is NO federal STATUTE (law written by Congress of the >United States) which REQUIRES ANY AMERICAN TO FILE AND PAY INCOME TAX. > 2) The 16th (the INCOME TAX) AMENDMENT of the U.S. Constitution, >which was NOT PROPERLY RATIFIED INTO THE U.S. CONSTITUTION. > 3) The U.S. Government operates NOT by revenues from the >Income Tax, but by borrowing MONEY, which has been CREATED >OUT OF THIN AIR, from the Federal Reserve Banks. > > At the bottom of this message you will find a copy of >the E-Mail which Mr. Banister sent me. Mr. Banister had written >a 90 page report of his investigation of the Income Tax on >February 11, 1999. This report is fully backed up by references >to the U.S. Constitution, the IRS Code, Internal > Revenue Manuals and court cases. > > Mr. Banister presented this 90 page report to his superiors and >asked them to present it to the highest ranks of the IRS, up to and >including the Commissioner of IRS, Mr. Charles O. Rossotti. Mr. Banister >informed the IRS leadership that unless they could point-by-point >refute his findings, Mr. Banister would resign from his position >INSTEAD OF ENFORCING A NON-EXISTENT LAW! > > Apparently the Commissioner of IRS, Mr. Charles O. Rossotti and the >high level officials of the IRS, who each have taken an oath to >"uphold and defend the U.S. Constitution from all enemies, foreign or >domestic", have VOLUNTARILY chosen to COMMIT TREASON on the American >People by refusing to review and consider the findings of Mr. Banister, >which squarelychallenged the lawful basis of the IRS enforcing a >NON-EXISTENT and VOLUNTARY INCOME TAX on the American people by use of >VIOLENT FORCE!!! > > On February 17, Mr. Banister was called into his Chief's office. Mr. >Banister was informed that his report had been reviewed "by the highest >levels of the IRS". Mr. Banister was given a memorandum which in part >read: "The Internal Revenue Service will not be responding to your request >and will provide you with the necessary paperwork to tender your >resignation. You will be placed on administrative leave effective upon >receipt of this memorandum for a period of seven calendar days to consider >what actions you wish to take." > > Today, February 25, 1999, the anniversary of the alleged >ratification of the 16th (income tax) Amendment, Mr. Banister >resigned from the IRS so that he may freely and fully inform the >American people of his findings regarding the income tax and the U.S. >Government. > > Mr. Banister will be appearing at Freedom Law School's 1999 Freedom >Rally on March 13-14th, at Sheraton Hotel (949)833-0570, 4545 Mac Arthur >Blvd, Newport Beach, California to share his findings and release his >report: "INVESTIGATING THE INCOME TAX: A PRELIMINARY REPORT" to the >American People. > > To find out the latest developments and findings of Mr. Banister you >may contact Freedom Law School at . >You may also call us at (714)838-2896. However, since we have limited number >of phone lines and staff, please use our web-cite and E-Mail whenever >possible. > > > "All that is needed for Evil to conquer, is for good men to do nothing!" > "Price of liberty is eternal vigilance." > "If not now, when?" "If its to be, its up to me." > > We at Freedom Law School encourage you to investigate this Report of >Mr. Banister regarding the Income Tax and the U.S. Government, and let your >local IRS agents/officials, Congressmen, Senators and President know >what you want them to DO in response to Mr. Banister's Report. You can find >the E-Mail and phone number of your congressmen at . > > Please share this message with the Freedom Loving American People. > >***Below is the full text of Mr. Banister's E-Mail to Freedom Law School*** > > Dear Friends: > > Well, the day of reckoning has arrived. On February 11, 1999, in my >capacity as a Special Agent and federal law enforcement officer sworn >to support and defend the Constitution of the United States, I submitted >a "preliminary report" to the Chief of the IRS Criminal Investigation >Division for the Central California District. My report summarized my >findings regarding allegations that the income tax and filing of >federal income tax returns is voluntary, that the 16th Amendment was >never ratified, and that income taxes are not used to pay for daily >government operations. > > In order to ensure that unnecessary and unwarranted delay would not >occur, I requested that my report be forwarded to top officials in the >IRS up to and including Commissioner Charles O. Rossotti, and I >respectfully requested that the Commissioner or his designee respond >to the evidence in my report within 30 days. Today, my Chief called me >into his office and gave me a memorandum. The memorandum dated February >17th, 1999, read in part: > > The Internal Revenue Service will not be responding to your request and >will provide you with the necessary paperwork to tender your resignation. >You will be placed on administrative leave effective upon receipt of this >memorandum for a period of seven calendar days to consider what actions >you wish to take. > > I was told that officials at the highest levels of the Internal Revenue >Service were consulted regarding a response to my report. Apparently, I >have now joined the ranks of every other taxpayer who ever was ignored or >otherwise rebuffed by the Internal Revenue Service when they petitioned >the IRS for a reasonable explanation. The only conclusion that I can reach >is that those officials thought it was better to rebuff my request and pass >up a golden opportunity to prove my research wrong than to have to admit >that so-called "tax-protesters" and other supporters of the U.S. Constitution >have been right all along. Ironically, had the IRS taken the time to >address my concerns, or perhaps perform the simple task of proving the >allegations wrong, I would have gladly been their spokesman advising >taxpayers not to fall for these untrue allegations for the rest of my >career. > > As the memorandum states, I have until Friday, February 26th, 1999, the >day after the 86th anniversary of the alleged ratification of the 16th >Amendment, to tender my resignation. This is certainly a sad day in my >life. Although I was hoping for a better result, I learned today after >over two years of investigation that the Internal Revenue Service is >everything that the so-called "tax protesters" said it was; non-responsive, >unable to withstand scrutiny, tyrannical, and agency oblivious to the rule >of law and the U.S. Constitution. > > May God help us all. > > Joseph R. Banister > > ====================================================================== > >[APFN] Mr. Banister, I am told will be interviews by Pat Shannan on >The Media Bypass Hour, 8-pm Thursday you can hear it on the >internet at: >====================================================================== >[DOWNLOAD ???] FYI - > The IRS - KICK THEIR BUTT > >April 15 . . . a day of dread for many Americans. TV plays up the spectacle >by showing mail carriers at Post Offices across the country just waiting >and accepting 'tax' returns until midnight. How nice of those people! >American rites of spring. > >What a crock of ....! Ninety percent of Americans waiting in those lines >are volunteering their money to a pack of criminals! The Internal Revenue >Service has NO enforcement powers and those lines should not even exist. > >Welcome to the land of Oz. Here we find a full assortment of smoke and >mirrors. But the wicked witch is dead. Like the characters in Oz, let's get >rid of this fear that the bean counters in the IRS have planted in the >minds of US citizens. They have NO enforcement powers. They are TOOTHLESS! > >Say again? Yes, toothless. Now you will see how easy it is to stop them. > >Let's see how this works . . . Ever heard of the Federal Register? This is >a federal publication where they publish all regulations that will have the >full effect of law on US citizens. Between you and me, this is illegal and >unconstitutional as hell but this is the way they are playing the game >today. > >Congress passes a law giving authority to a bunch of dupes in the IRS, EPA, >FBI, DEA, etc. Then their responsibility is to make the proper regulations >to administer that authority. Before these regulations can have any impact, >they MUST be published in the Federal Register. If they are not published, >they are worthless and the law (?)has no force. > >The last time I saw a copy of the Federal Register, it totaled about 70,000 >pages a year. These are regulations that they use to control you and me. > >Now for the good news . . . > >The regulations the IRS uses for enforcement DO NOT EXIST! I'm talking >about assessment, definition of income, collection, liens, seizure of >property, determination and assessment by the Tax Court, pursuing criminal >penalties, or even to say you must file a return . . . and so forth. They >have NOT been published in the Fed Register and the IRS has no power to >harass us! If you volunteer to pay their assessments, that is between you >and them. There is nothing in federal law that makes you liable for federal >income taxes! > >If you don't believe that, call the IRS or H & R Block or your accountant. >Ask specifically what makes you liable. > >They get away with it today because of the fear they have generated. People >cringe when a bean counter agent calls. When there is a threat of an audit >you can feel your stomach knot up . . . we've all been there! But they have >no enforcement powers! > >Many regulations concerning seizing property, failure to pay tax, etc., >concern only the Bureau of Alcohol, Tobacco and Firearms. They appear in >TITLE 27 of the US Code. ALL IRS regulations are in TITLE 26. A point of >law is that one federal agency cannot use regulations specifically written >for another agency. (1 CFR, Sect 1.1) All authority for the IRS is in title >26 . . . not title 27! (This is part of the smoke and mirrors found in the >land of Oz.) > >What is my suggestion? Get out of the line on April 15! DO NOT FILE A >RETURN! (They won't be at your house on April 16!) And when you receive a >letter from them (many months later down the road) call them and make an >appointment. At that point, demand to see a copy of the enforcement >regulations as published in the Federal Register. You want to see ones that >give them the authority to do what they are trying to accomplish with you. >This will be the end of the questions from the crooks at the IRS! You will >have dropped through the bureaucratic cracks. > >But many people have gone to prison, had homes and property seized, bank >accounts and wages garnished and so forth. How come if they have no powers? >FRAUD is the answer! Under the 'color' of law the IRS has pulled all these >stunts. It's also because most people hired lawyers. It's sad to say >lawyers are not smart enough to see the forest because the trees got in the >way! The IRS has also coached federal prosecutors and judges in the past to >make all of it look legal. Now we have non-lawyers checking on all it and >this is how it is today. THEY HAVE NO ENFORCEMENT POWERS! > >The IRS has been opened to horrendous criminal and civil law suits! This >fraud is very easy to prove. > >If you would feel safer, call the IRS before hand and ask to see the >published regulations that say you must file a return. Then do what you >have to do! > >If they are currently giving you a rough time, make an appointment and tell >them face to face you need to see the enforcement regulations which were >published in the Federal Register. You want a copy of those which give them >the authority to do whatever it is they are trying to accomplish with you. > >If you have some of your money coming back, file a return. After all, it IS >your money. Then file a W-4E form with your employer that exempts you from >withholding. Next year you won't have to file to get anything back! > >Look at the W4 form . . . The slugs at the IRS have established two >conditions for exempt status. "Last year I had a right to a refund for ALL >Federal income taxes because I had NO tax liability, AND This year I expect >a refund of ALL Federal income tax withheld because I expect to have NO tax >liability. If you meet both conditions, enter "EXEMPT" here. . . . > " > >That is fair enough . . . since there is nothing in federal law that makes >you liable, you can honestly sign the stupid form! > >May the IRS die a violent death! Couldn't happen to nicer people! >=========================================================================== >[APFN] >FYI - The IRS has over 100,000 employee's the BATF has approx. >4500 employee's.. > >OTHER INFORMATION IN APFN RESEARCH FILES FOR YOUR REVIEW AND >VERIFICATION: > > DISAVOWAL OF THE LOYALTY OATH AND TREASON: Secretary of the >Treasury is an employee of the International Monetary Fund (IMF, >an independent foreign corporation) and "Receiver' In the National >Bankruptcy (See: reorg. Plan No. 26 5 USCA 903, Public Law 94-564). >US District Court Judges are immune from civil torts and are member >of an "independent judiciary" paid by the [foreign] IMF-controlled >Treasury Department. The Civil Service Commission suspended the >loyalty oath (See: the Stewart Case, 1970) for its federal >employees and many agencies have transferred allegiance to the UN >through "Service Agreements" and "Memorandums of Understanding" >(MOUs). The US Marshall's' Oath to the Constitution under 28 >USC 563 was deleted (Congressional Record H7935, 9/22/88 - >House) and subverted to INTERPOL et ed. by UN mandate 22 USC >263(A). These wholesale repudiations of governmental accountability >to the people under Article 6 of the US Constitution should be >construed as a hostile takeover and Act of War. > > SUBVERSION OF THE CONSTITUTION BY INTERNATIONAL TREATY: >Passage by Congress of unlawful (ie., under Color of Law) >legislation designed to overturn the Constitution. The >following list contains highlights from US legislative History: > >a. The Federal Reserve Act 1913 - abrogated Article 1 >sec. 8 clauses 5 & 6. >b. HJ Res. 192 (1933) - suspended the Gold Standard and >Gold Clause. >c. Coinage Act of 1965 - debased the specie coin (Article 1 >Section 10, clause). >d. PL 94-564 (1971) - removed convertibility of US dollar >info gold. >e. Declaration of INTERdependence (1976) - nullified national >spirit and purpose. >f. PL 95-147 (1977) - declared insolvency. >h. UN Covenant on Civil and Political Rights (1992) - set >aside the Bill of Rights. > >..... INTERPOL CONNECTION .... "... according to the United >Manual, The Secretary of the Treasury is the alternate permanent >representative to INTERPOL, the International Criminal Police >Organization based in Lyons, France and the Attorney General is >the permanent representative. While this may seem inconsequential, >under Article 30 of the constitution of INTERPOL and its general >regulations, it is mandatory that these individuals EXPATRIATE their >Citizenship from the united States of America. Thus, we have "So- >called" government agencies and organization operating within the >united States of America, and they are alien and foreign. In >1988, INTERPOL changed their constitution so they could investigate >anyone classified as a "Terrorist" such as David Koresh. Also in >1988, the U.S. Marshal's service was TRANSFERRED to the use of UN >Secretary General under the Omnibus Crime Control Act. They have >no oath or allegiance to the U.S.A. Article 6 of the Constitution >for the United States of America and the statutory provision >thereto, requires an Oath of Allegiance to OUR Constitution. The >question that must be asked is, who are they? If the people >holding, operating, exercising and enjoying OUR Offices of Public >Trust are not going to operate within the scope, intent and >parameters that were laid down for them, within the scope and >purview of the Constitution itself, the they relinquish the >power and it comes back to the source from which it was derived... >[The people] > >>From "On The Trail of The Serpent's Snare Investing America's >Law System" [Received APFN summer 1993 from unknown source] > >o Jesus Said: "Ye serpents, ye generation of vipers, how >can ye escape the damnation of hell?" [Matthew 23:33] > >The Present Crisis, by James Russell Lowell > >"Once to every man and nation, comes the moment to decide, >In the strife of truth with falsehood for the good or evil side, >Then the brave man chooses, while the coward stands aside. >Til the multitudes make virtue of faith they had denied. >Though the cause of evil prosper, yet 'tis truth alone is >strong. Yet that seaffold sways the future and behind the >dim unknown Standeth God within the shadow, keeping watch >above his own." > >"There isn't any knowledge in the second kick from the mule." > >Without Justice, there is JUST_US! > -- * (Herbert Smith) ------------------------------------------------------------------------ Start a new hobby. Meet a new friend. 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