There may be a way to defeat this illegitimate tax at least on an individual basis. None of what appears in this post should be understood as legal advice. I am merely stating my own or others opinions. If anyone reading this wants a legal opinion they should consult a licensed attorney. I am not an attorney.

What follows is similar to and inspired by Bill Conklin’s strategy at anti-irs.com. He has a longer explanation, in free downloadable book form, that I can’t present here. Anyone interested should go to his website at anti-irs.com.

The IRS gets a lot of publicity in the press when they put people in jail and that gives the impression that they are invincible. Bill Conklin whose been standing up to the IRS for three decades isn’t in jail. Ask yourself why the leftist/neocon media hasn’t reported that with the same amount of vigor as you read this.

Above your signature line on the 1040 is the phrase “under penalty of perjury”. This means that you are agreeing that your tax form may be used as evidence against you in a criminal proceeding, perjury being a crime. However, the Fifth Amendment states that you may not be required to bear witness against yourself in a criminal proceeding. Therefore you do not have to sign the form. If the form is not signed, there is no legitimate bill for the tax and the Federal government owes you your withheld money back. You can not be required to pay if you’ve never received a bill. The IRS could send you a bill but absent your help it would be extremely difficult if not impossible as well as very time consuming to prove that the bill is correct. They are unlikely to try. You can object to any bill they send and demand proof of its accuracy.

However, there is a problem. If you don’t sign the form the IRS will claim that you have submitted a “frivolous return” and fine you. Our corrupt court system will uphold the fine ignoring your Fifth Amendment right. So you need a strategy to force the IRS into acknowledging that you don’t have to sign the form.

Write a letter to an attorney asking how you can sign the 1040 form without relinquishing your Fifth Amendment right against bearing witness against yourself and request a written response. Since it is not possible, you should be able to find an attorney who at least writes back that he doesn’t know how. Now you have in that response a documented reason not to sign that isn’t frivolous. However, you will need to do more to protect yourself.

Send the IRS your completely filled out but unsigned form along with any calculated tax due and the attorney’s letter. Request an automatic four month extension to file which must be granted since there is no unpaid tax due (remember you paid). Include a letter explaining that you believe the Fifth Amendment doesn’t require that you sign. Grant the IRS conditional power of attorney with a limit of four months duration to sign for you provided they first send you instructions as to how you could have signed the 1040 form without relinquishing your right. That can’t be done. When the IRS doesn’t sign the 1040 form they will have acknowledged your claim that you don’t have to sign the form. The IRS’s failure to sign will have created an estoppel to their arguing that you should have signed. An estoppel is a legal bar to arguing something in court that your previous actions or statements contradict. Your grant of power of attorney makes it their fault that it isn’t signed not yours.

Finally, along with the power of attorney letter include a demand for all your money back pointing out that there is no legitimate bill.

For years Conklin has been offering $100,000.00 to anyone who could prove that you had to file a signed form. No one has taken his money yet.

I think that in addition to Conklin’s strategy you should file amended returns for the last three years as well and demand your money back following the same procedure above including limited power of attorney. I believe that you merely need to correctly claim that the past forms were filed in error. Three additional years of filing will add the protection of precedent to your strategy.

I have obviously not addressed every possible situation that might arise following Conklin’s strategy. Go research this and educate yourself before you decide what to do.

I have come across almost a dozen people over the years who claim that they don’t pay any taxes on their wages and don’t have problems with the IRS. Above is the simplest strategy I am aware of. Another potential strategy is at http://www.losthorizons.com.

To those who might question an effort to avoid an illegitimate tax funding illegitimate government, I have this to say.

One of our forefathers who had the attitude necessary to create a free country said, “Give me liberty or give me death!” Have we been reduced to saying, “Give me liberty or I’ll just complain about it online.”

I hope not. As the saying goes, “Freedom isn’t free.”

When Congress does a “tax cut” without a spending cut, they are merely taking their hand out of your right pocket and placing it in your left pocket to steal – and yes, the effect is delayed. The 2012 DEFICIT is $ 1.4 Trillion – which is spread over about 200,000,000 “taxpayers” (many being marginal) – around $ 7000 per taxpayer – a fiscal sword of Damocles hanging over all of us one way or other.

[As you can see, my giving “Trilby,” aka “CompassionateFascist,” a second chance was a display of softhearted naivete. The Hebrew word that comes to mind is “Zevel.” Trash. You’ve seen the last of this persistent pollutant on BAB. I promise.—IM]

CURSES on both parties! They both have bought into the cut taxes today and borrow – inflate tomorrow garbage that makes people feel good temporarily (like a drug buzz) but creates indebtedness and not wealth. Much of this goes back to Reagan who, in turn, was imitating FDR.

I think that “libertarians” have bought into the mainstream “tax cut” hooey when the bottom line is the spending – if no SPENDING is cut, the bill remains the same. Heck, why not extend unemployment indefinitely, double Social Security payments, and completely eliminate the payroll tax – the voters will all go for the DEFICIT HEROIN….

[See post update.]

http://mises.org/daily/5659/Roman-Law-From-LaissezFaire-to-Statism

AND IT WILL END BADLY.