Say No To The National Sales Tax

This issue needs to be revisited again as too many patriots are jumping on this government sanctioned bandwagon. As well, a great concern has arisen among us at Free Enterprise Society as it appears many in the patriot movement have adopted a conciliatory posture and chosen to accept anything tossed at them by the government just to temporarily do away with the income tax. And worse, they appear not to be concerned that two wrongs do not make a right.

What happened to the fight to eliminate the income tax by exposing the fraud and deception of this tax? What happened to the proposition of restoration of constitutional government and taxation? How did the fight degenerate to replacing the income tax, a complete fraud, with an unconstitutional National Sales Tax? Has anyone considered the fact that the Freedom Movement, at least when I discovered it, was against confiscatory taxation, was for limited constitutional government, and decried government lawlessness? There is no argument which can justify replacement of the income tax with any type of alternative tax.

If it were conceded that a National Sales Tax had constitutional sanction, which it is not, that is not the solution to eliminating the income tax and the restoration of constitutional government. Currently the government, and I mean each and every branch, refuses to recognize the fact, and it is a fact, that the 16th Amendment was not ratified. All the government has to do to eliminate the income tax, is admit the 16th Amendment was not ratified. This isn’t hard - in fact it is a no-brainer. The problem of course, is that the government intends to keep the income tax if we let them.

Just because the federal government replaces the income tax with a sales tax, what makes anyone think the States would do the same thing? Consider this: most of the States already have an income tax and a sales tax so there would be no reason for the states to dump their income tax laws. And, take notice of one small fact, folks - if the people will tolerate both a sales tax and income tax on the state level as they already do, why wouldn’t they tolerate the same at the federal level? Let’s face it, that is exactly what we are being set up for, and more amazingly, they are getting our help. Talk about cutting our own throats!

Further, if the temporary replacement (and I mean temporary) of the income tax is the end of the race we are running, perhaps one could justify an argument for the National Sales Tax. However, it is not. Our race ends only after we have eliminated the income tax by exposing it’s fraud and deception and restoring constitutional government. Why have we forgotten this?

But, if the patriots sell replacement of the income tax to Joe-Six-Pack as the race we are running, to gain Joe’s participation in the movement, and it happens, Joe will stop at that point, because Joe will believe that the race is over.

More importantly, if a National Sales Tax is adopted, it leaves the promoters of the National Sales Tax right back where they were in the beginning, i.e., fighting confiscatory taxation and a federal government run amok.

Anyway, the National Sales Tax will not be paid by everyone, as, if it is oppressive, a black market like nothing the government has ever seen will explode on to the scene. The theory that everyone will pay their fair share, is not well-taken. And, if a black market becomes huge, the government will need the IRS to enforce collection of its sales tax. As for returns, you better believe there will be tax returns filed by someone as that is the only way to account for the total taxes collected by a business. Is it really to be expected that our good and great government will just accept a business’ representations as to how much tax it collected on sales transactions?

Those promoting a National Sales Tax boldly proclaim that the tax is constitutional, and could be constitutionally administered, but they wholly fail to explain how. Now maybe it’s just me, but unless the National Sales Tax is going to operate as an excise tax on products, and not sales transactions, I can’t find any constitutional authority for it. If this type of tax did not have constitutional problems, don’t you think the government would have implemented it long ago? After all, which of its taxing powers hasn’t it already abused?

The National Sales Tax is a classic example of how the people keep giving, and the government keeps taking.

SUMMARY

1. The patriots are winning this war today. This is evidenced by the fact that congress is now seriously looking at replacing this so called tax. The reason is simple: over 30 million people have stopped filing returns, by the IRS’s own spokesman. The income tax is now falling apart. Victory is at hand if we keep our end goal clear. NO INCOME TAX! NO UNCONSTITUTIONAL TAXES! NO REPLACEMENTS!

2. The government is looking now to protect their retirements and other perks that the income tax has illegally provided them all these years. Let’s face it, this has been the corrupt politicians’ cash cow. And what magically appears? A replacement for the income tax that Congress now says has to go. (Give me a break.)

3. As long as the government believes they have the power to implement an income tax, we will ALWAYS have one. With, or without, a so-called replacement. We must continue to teach how this so-called tax uses deception and fraud to take the peoples’ money and get rid of it once and for all, by exposing that there is no constitutional authority to implement such a tax. NOT THEN! NOT NOW!

4. Don’t let those who have been stealing from us, off the hook. By supporting a replacement it looks as if the income tax is legal. And worse, it will make heroes of the very legislators who help bring in a new unconstitutional alternative tax.

5. FULL SPEED AHEAD! GIVE ME LIBERTY OR GIVE ME DEATH.

IRS Special Agent

Prepares a report which proves there is no law which requires you to file a return.

I had the opportunity to meet a man who was at that time an IRS criminal investigator. His name is Joseph Banister. He is a man who put honor above his personal situation with the IRS. He ignored the advice from the IRS trainers to not give any credence to the information put out by "tax protesters" and that all of this information is bogus.

Joe Banister did receive information about the IRS fraud and corruption from sources he felt were reliable which, were not the "tax protesters" and he did want to see if any of these allegations had any merit.

His investigation emanated in a 95 page report which questions several aspects of the income tax. The report shows that his independent investigation resulted in him supporting the tax groups and differing from the IRS propaganda.

Joe Banister is not an uneducated person. He was a Special Agent for the IRS criminal investigation division since 1993. Before that he was a tax professional and Certified Public Accountant for 9 years. He holds a bachelor degree of science, business degree, business administration.

It was a dream of his to be a federal law enforcement officer. In 1993 he became an IRS criminal investigator appointed to a position of GS-1811. His duties included investigating violations of US Code Title 26 (IR Code). He was authorized to serve search warrants and arrest warrants. He later became the asset forfeiture coordinator for central California.

He swore an oath to God to protect and defend the Constitution. "I have always taken my oath very seriously." he said. "I have also been mindful of maintaining my ethics and moral standards as a public servant," he continued.

Throughout this investigation Banister had many troubled nights. Brought into question were the IRS’ integrity and actions. Among the issues he investigated are: 1. Is the federal income tax voluntary? (See 26CFR 601.602) 2. Was the 16th amendment ratified? 3. Are federal income taxes used to operate the federal government? What he found was contrary to everything he believed.

This report was then sent up the chain of command at the IRS. What Banister wanted and expected was that the IRS would respond on a point by point basis showing Banister where he was in error. Instead, he received a letter stating that the IRS would not respond to these questions and asked Banister for a resignation in 7 days.

On February 25th, 1999 Joe Banister resigned as follows:

"I am very confused about the treatment I have received for a number of reasons. The first reason is because, on April 28th, 1998, you sent out a memorandum to all IRS employees regarding "Reporting of Misconduct, Fraud, Waste and Abuse." In the memorandum you stated that all Internal Revenue Service employees have an obligation to report misconduct, fraud, waste, and abuse. The IRS has a stringent policy that guarantees employees freedom from reprisal when they report such action. You further stated that every employee should take proactive steps to report wrongful actions. Apparently, I was mistaken to have relied upon your memorandum as a commitment to protect me from reprisal or other adverse treatment."

"I used to believe that the IRS, as an agency, "scrupulously observes taxpayer rights." I used to believe that the IRS administers the federal income fairly and legally. I used to believe that the IRS would not knowingly trample on the rights of innocent Americans just to preserve the income tax system. It is with great sadness that I say I no longer hold any of those beliefs."

Joe Banister appears to be a man of principle and conscience. He has given up a lot for integrity’s sake. Surely this will go well for him in his final judgment. I for one applaud his efforts and others like him.