A friend asked me if I had seen this article.
“A taxpayer who receives property (other than money) as compensation for services must include in gross income the fair market value of the property at the time of the receipt.”
Naturally one must first decide if they are a taxpayer or not. The IRS has jurisdiction over taxpayers. They do not have jurisdiction over tax exempt Citizens (like me). Then you need to decide what “money” is.
The court cases that the OFFICE OF THE CHIEF COUNSEL of the Department of the Treasury, cites in the 2009 AD letter to me are all cases from before the 1985 AD law on gold and silver coins except for the 1989 AD case, noted in the letter, that was about a case from 1977 AD so the coins minted under Section 5112 are not a part of that case or any others noted by the OFFICE OF THE CHIEF COUNSEL.Before 1985 AD U.S. gold and silver coins were not considered to be in “circulation” because they were no longer being minted. They were collectables and taxable at a different tax rate.
One of my absolutely favorite court cases used by the IRS and other criminals in the government is:
While we agree that golden eagles, double eagles and silver dollars were lovely to look at and delightful to hold, we must at the same time recognize that time marches on, and that even the time honored silver dollar is no longer available in its last bastion of defense, the brilliant casinos of the houses of chance in the state of Nevada. Appellant is entitled to redeem his note, but not in precious metal. Simply stated, we find his contentions frivolous.
Milam v. U.S. 524 F.2d 629, 630 (C.A.Cal. 1974)
Time does indeed march on and Congress changed the last bastion of silver dollars in 1985AD to anyone that wanted to use or keep the gold and silver coins currently being minted. They are to be minted in numbers sufficient to meet public demand.
In 1985, Congress reauthorized the use of gold coin as legal tender when it provided for the minting of $50 “Gold Eagle” coins. See Gold Bullion Coin Act of 1985, Pub.L. No. 99-185, 99 Stat. 1177 (codified as amended at 31 U.S.C. § 5112 (1994)).
Adams v. Burlington Northern R. Co. 80 F.3d 1377, 1380 (C.A.9 (Wash.),1996)
And we know that the gold and silver coins in section 5112(e) of title 31 are not “legally” collectables. Why? Because they are money, of course. But take a look at this from a Tax Court case:
FN2. Sec. 408(m) provides:
(m) Investment In Collectibles Treated as Distributions.—
(1) In General.—The acquisition by an individual retirement account or by an individually-directed account under a plan described in section 401(a) of any collectible shall be treated (for purposes of this section and section 402) as a distribution from such account in an amount equal to the cost to such account of such collectible.
(2) Collectible Defined.—For purposes of this subsection, the term “collectible” means:
(A) an work of art,
(B) any rug or antique,
(C) any metal or gem,
(D) any stamp or coin,
(E) any alcoholic beverage, or
(F) any other tangible personal property specified by the Secretary for purposes of this subsection.(3) Exception For Certain Coins.—In the case of an individual retirement account, paragraph (2) shall not apply to any gold coin described in paragraph (7), (8), (9), or (10) of section 5112(a) of title 31 or any silver coin described in section 5112(e) of title 31.
Harris v. C.I.R. 1994 WL 12316, 3 (U.S.Tax Ct.) (Tax Court,1994)
Naturally that is because a “dollar is a dollar” and “property” that is not legal tender or “money” is not a dollar. The 5th Circuit Court of Appeals was VERY clear about a dollar being a dollar but not clear as to what a “dollar” was exactly or what its Congressionally regulated value was.
The core of Crummey’s appeal rests on Crummey’s argument that the legal monetary value of fifty dollars in United States American Eagle gold coin is different than (and worth more than) the *627 legal monetary value of fifty dollars in Federal Reserve Notes, or as it is sometimes affectionately called, cash. Regardless of any currency confusion that may have arisen in bygone eras, our present standard is clear: As legal tender, a dollar is a dollar.
***
Crummey’s argument conflates the market value of such coins as bullion, or as a collectors’ items, with the value of the coins as legal tender. Fittingly, the Supreme Court has explained:
A coin dollar is worth no more for the purposes of tender in payment of an ordinary debt than a note dollar. The law has not made the note a standard of value any more than coin. It is true that in the market, as an article of merchandise, one is of greater value than the other; but as money, that is to say, as a medium of exchange, the law knows no difference between them.
Thompson v. Butler, 95 U.S. 694, 696, 24 L.Ed. 540 (1877). “United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.” 31 U.S.C. § 5103; see also Mathes v. Commissioner of Internal Revenue, 576 F.2d 70, 71 (5th Cir.1978) (per curiam) (“Congress has delegated the power to establish this national currency which is lawful money to the Federal Reserve System.”); United States v. Wangrud, 533 F.2d 495, 495 (9th Cir.1976) (per curiam) (“By statute it is established that federal reserve notes, on an equal basis with other coins and currencies of the United States, shall be legal tender for all debts, public and private, including taxes.”).
**2 We reject Crummey’s suggestion that the “dollar” has multiple meanings or values within the United States system of currency. See 31 U.S.C. § 5101 (“United States money is expressed in dollars, dimes or tenths, cents or hundreths, and mills or thousandths. A dime is a tenth of a dollar, a cent is a hundredth of a dollar, and a mill is a thousandth of a dollar.”). As legal tender, a dollar is a dollar, regardless of the physical embodiment of the currency.
Crummey v. Klein Independent School Dist. 295 Fed.Appx. 625, 627, 2008 WL 4441957, 1 (C.A.5 (Tex. – 2 (C.A.5 (Tex. (C.A.5 (Tex.),2008)
Now in light of the recent ruling by the 3rd Circuit Court of Appeals we must REALLY reconsider what the letter from the DEPARTMENT OF THE TREASURY means.
Paper currency, in the form of the Federal Reserve Note, is defined as an “obligation[ ] of the United States” that may be “redeemed in lawful money on demand.” 12 U.S.C. § 411 (2002). These bills are not “money” per se but promissory notes supported by the monetary reserves of the United States.
U.S. v. Thomas 319 F.3d 640, 645 (C.A.3 (Virgin Islands),2003)
Now think about what the Department of Treasury letter stated:
“A taxpayer who receives property (other than money) as compensation for services must include in gross income the fair market value of the property at the time of the receipt.”
So according to the 3rd Circuit I guess I must consider Federal Reserve Notes as property that is “other than money”?
Sounds good to me! And that is exactly what I will do.
Of course I must also add the restrictions upon the Federal Government and the IRS established in Religious Freedom Restoration Act.
(a) In general
Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) Exception
Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
The Internal Revenue Code is, according to my religious beliefs, a key element of the counterfeit religion of Satan because “A heavy progressive or graduated income tax” is the 2nd plank of the Communist Manifesto and the Federal Reserve System and its notes are essentially just a Fascist (corporatist) version of the 5th plank of the Communist Manifesto “Centralization of credit in the hands of the state, by means of a national bank with State capital and an exclusive monopoly.
Therefore, the IRS and the Income tax are really nothing more, to me, than an unconstitutional establishment of religion that substantially burdens the exercise of my religion because:
President Marion G. Romney, in the First Presidency Message in the September 1979 Ensign, wrote:
“Communism is Satan’s counterfeit for the gospel plan, and … it is an avowed enemy of the God of the land. Communism is the greatest anti-Christ power in the world today and therefore the greatest menace not only to our peace but to our preservation as a free people. By the extent to which we tolerate it, accommodate ourselves to it, permit ourselves to be encircled by its tentacles and drawn to it, to that extent we forfeit the protection of the God of this land” (p. 5).
James E. Faust, Second Counselor in the First Presidency wrote:
Some of Satan’s most appealing lines are “Everyone does it”; “If it doesn’t hurt anybody else, it’s all right”; “If you feel all right about it, it’s OK”; or “It’s the ‘in’ thing to do.” These subtle entreaties make Satan the great imitator, the master deceiver, the arch counterfeiter, and the great forger.
Agency—Our Alternative: Our agency, given us through the plan of our Father, is the great alternative to Satan’s plan of force. With this sublime gift, we can grow, improve, progress, and seek perfection. Without agency, none of us could grow and develop by learning from our mistakes and errors and those of others. “The Forces That Will Save Us,” Liahona, Jan 2007
I am both a Latter-day Saint and the Presiding Sovereign of The First Christian Fellowship of Eternal Sovereignty. Income tax and Federal Reserve Notes are, in my opinion, and abomination to God and Jesus Christ, my Lord, and a Satanic counterfeit religion.
The 5th Circuit was truthful when they stated (above):
It is true that in the market, as an article of merchandise, one is of greater value than the other;
But the Bible is also very clear:
Deut. 25:13 ¶ Thou shalt not have in thy bag divers weights, a great and a small.
14 Thou shalt not have in thine house divers measures, a great and a small.
15 But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the LORD thy God giveth thee.
16 For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God.Lev. 19: 36 Just balances, just weights, a just ephah, and a just hin, shall ye have: I am the LORD your God, which brought you out of the land of Egypt.
Ezek. 45: 10 Ye shall have just balances, and a just ephah, and a just bath.
Amos 8: 5 Saying, When will the new moon be gone, that we may sell corn? and the sabbath, that we may set forth wheat, making the ephah small, and the shekel great, and falsifying the balances by deceit?
Prov. 20: 10 Divers weights, and divers measures, both of them are alike abomination to the LORD.
Micah 6: 10 ¶ Are there yet the treasures of wickedness in the house of the wicked, and the scant measure that is abominable?
So essentially the 5th Circuit Court admitted that the U.S. monetary system is an abomination to the Lord.
They were right about that.
But Congress has created an exemption, in my opinion, to those of us that seek to follow God’s law concerning money. With the creation of the silver dollar in 1985 AD as legal tender followed by the passage of the Religious Freedom Restoration Act in 1993 AD it is clear that Christians can use and calculate monetary values of other legal tender in the form of money that is the least restrictive upon their religious.
Congress created an “exception” to Federal Reserve Notes in 1985 AD and since a “dollar is a dollar” and “it is true that in the market, as an article of merchandise, one is of greater value than the other” then I must be able to calculate any and all of the many different forms and values of legal tender that I use in a single form that has an established value that does not have “a great and a small” or the government has not followed the law and is ignoring the Religious Freedom Restoration Act.
The Gold coins established by Congress are not acceptable as they have a great and a small. The Ten Dollar Gold Coin in Section 5112 weighs 1/4 of an ounce whereas the $50 weighs 1 ounce and the $25 weighs 1/2 and ounce. The $10 coin should have an established value of $12.50 so as to not create “a great and a small.” The other dollar coins in 5112 are not gold or silver and so do not meet the gold and silver standard of the Constitution and therefore are not even a religious consideration for me. Besides, the RFRA says that the government must demonstrate that any enforcement of their Satanic Religion “is the least restrictive means of furthering that compelling governmental interest.”
The United States Supreme Court was rather clear about how the RFRA works.
The Courts are to make “judicially crafted exceptions” -that is how the law works.
The Government argues that the existence of a congressional exemption for peyote does not indicate that the Controlled Substances Act is amenable to judicially crafted exceptions. RFRA, however, plainly contemplates that courts would recognize exceptions-that is how the law works. See 42 U.S.C. § 2000bb-1(c)
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal 546 U.S. 418, 434, 126 S.Ct. 1211, 1222 (U.S.,2006)
If a “dollar is a dollar” then why cannot I use the one I choose to calculate that is the least restrictive upon MY religious exercise. After all…”The law has not made the note a standard of value any more than coin.” A “dollar is a dollar” so why should the government care which one I use? Or is there a difference and they just don’t want to talk about it? Is it a secret law?
Everyone should know that Congress has failed to “regulate” the “value” of the dollar so even if a “dollar is a dollar” the market value is, without question, different than the “monetary value.” But the monetary value is all the government can use because “a dollar is a dollar” when calculating value.
Some would say that a silver dollar minted under 5112 has an ACTUAL value of $31.00 but that is not true. I can buy a Silver Liberty for One Dollar if I buy it with a Silver Liberty One Dollar coin. Whereas I can buy 31 Federal Reserve Notes for ONE DOLLAR if I buy them, at their current “market value” with a single Silver Liberty.
Is there a law that requires anyone to calculate value using notes, that nay not even be money but only promises to pay because they are to be “redeemed in lawful money on demand”? I know I cannot find such a law because “a dollar is a dollar.” Besides, a Federal Reserve Notes has no Congressionally established value. I do not and cannot know today what a FRN’s established value is. I cannot even know today what its market value will be tomorrow.
I use Silver Liberties to buy large items. Why not?
Go and see if you can buy a house that is on the market today for $310,000 and see if the seller will take $28,000 instead of the $310,000 because you put a gold clause in the contract. Since he will lose $282,000, on paper, he may even want to take a tax deduction (if he is a taxpayer).
And the transfer tax in Nevada that is based on the “sales price” would not be the $1,581.00 if you paid 310,000 FRNS but would be 142.80.
This tax amount can be PAID with a money order purchased at the Post Office. You can buy a Money Order made out in U.S. Dollars, at the Post Office, using any type of U.S. Legal Tender because to the Post Office a dollar can ONLY be a dollar by law no matter which kind you use.
If you want a car at the dealership with a list price of $34,000 why not offer them 1,000 Silver Liberty dollars with a contract that has a gold clause in it for the purchase price only but not the tax. The important part of this “gold clause law” is found in the last line: “This paragraph does not apply to an obligation issued after October 27, 1977.”
(a) In this section–
(1) “gold clause” means a provision in or related to an obligation alleging to give the obligee a right to require payment in–
(A) gold;
(B) a particular United States coin or currency; or
(C) United States money measured in gold or a particular United States coin or currency.(2) An obligation issued containing a gold clause or governed by a gold clause is discharged on payment (dollar for dollar) in United States coin or currency that is legal tender at the time of payment. This paragraph does not apply to an obligation issued after October 27, 1977.
Note what (a)(1)(B) states: (B) a particular United States coin or currency;
The Silver Liberty One Dollar legal tender coin is a particular United States coin.
If you buy a car from a licensed car dealer then the sale tax will be based on the sales price not the Blue Book value.
In Nevada the sale tax is about 8.5%. So the tax on the car would be about $2,890.00. But if you paid $1,000 it would be $85.00.
I believe you can currently buy about 31 Sacajawea Dollar coins for just one Silver Liberty Dollar.
There are ways to be free and not be a voluntary slave but it takes a bit of work and it takes effort to understand that those that want to be free can be. Most people would rather be voluntary slaves.
What are you?