Darryl Heffner P.0. Box 32 I, Darryl Heffner, include this statement as part of the printed record of the Committee On Ways and Means hearing of the Internal Revenue Service abuses to citizens, held April 26, 1982. The Internal Revenue Service has abused me by withholding money out of my compensation for labor (wages, commissions, tips). This is direct taxation by the Federal Government. The Federal Government is not allowed by law to directly tax the citizens of the Soverign States' compensation for labor (U.S. Constitutioni Article 1, Section 2, Clause 3). The Supreme Court of the United States has ruled many times a direct tax by the Federal Government to be unconstitutional. The original intent of the 16th Amendment was an excise tax upon profits derived from a source. Today, it is understood as a new power granted to Congress for the purpose of directly taxing a citizens' compensation for labor. No new taxing power was granted to Congress via the 16th Amendment. Understanding the 16th Amendment in its true interpretation, did not further extend the taxing power of the Federal Government, but in fact, restricted it. The direct tax upon citizens' compensation for labor began during the second World War, with the intention of paying for the war effort. This tax act was known as the "Victory Tax Act of 1943." For this reason the taxing system upon citizens' compensation for labor is known as a "Voluntary Compliance Taxing System." The tax upon citizens' compensation for labor is publicly addressed as voluntary. However, the tax is collected forcibly. No government official has asked me, or the present generation, -2 if we would volunteer to pay this tax. The previous generation was asked to comply. The present generation is forced to comply. Therefore, the U.S. Congress has violated my rights by directly taxing me and this present generation with a "voluntary tax" which we are forced to pay. The war has been over for almost 40 years and this direct "Voluntary Compliance Taxing System" must come to an end. Congress' deception and forceful tactics to collect a "Voluntary Tax" will not be tolerated. Darryl O. Heffern Route 2, Box 17-A Mancos, CO 81328 The Honorable Charles B. Rangel Dear Mr. Rangle: RE: Hendrickson, Wil Statement in lieu of In compliance with PR #18 which accompanied your letter to me dated April 8, 1982, the following is submitted in regard to above captioned: TOPICAL OUTLINE A. Supreme Court case citations in support of ruling that the 16th tax, but MUST be an INDIRECT (EXCISE) (Exhibit "N") See Article I, section 8. clause 12, U.S. Constitution, together with Supreme Court cases in support of this termination on reverse side of Exhibit "N" and labelled Exhibit "N-2". C. Forms N-2 for those years in question. D. Levy without due process of law (USAFAC Form 20-109, dated Nov. 12, 1981 and Form 668-W (Rev. 12078), dated Sep. 11, 1981, labelled Exhibits "H" and "H-1". E. I hereby certify that these amounts were actually withheld from my wages checks in the case of withholding W-2 forms, and levied on my disability retired pay, unlawfully, and without the ruling of a Court of competent jurisdiction. SPECIFIC COMPLAINT I. Violation of First Amendment Right to Petition Government for A. Above has been submitted on numerous occasions by certified II. Violation of 4th and 5th Amendment. B. Invasion of my privacy (person, property, and papers [NOTE TO READER: Additional materials retained in subcommittee files.] Disability Retired Pay without a warrant and without due process. III. Violation of 6th and 7th Amendment. IV. V. A. Right to a speedy trial by jury in controversies involving Violation of 8th Amendment. A. Right not to be subjected to cruel and unusual punishment Violation of 13th Amendment. A. Unlawful extortion of Withholding when law related thereto self-destructed no later than January 1946. DEMAND A. Refund of all monies previously withheld and levied upon together with interest to date of refund. B. After monies have been refunded, and should the IRS feel that they have a legitimate complaint against me, then I will be more than happy to defend my position in a Common Law-Court and before an unbiased and Common Law Judge. [NOTE TO READER: Additional materials retained in subcommittee files.] RE: TAXPAYER SAFEGUARD HEARINGS AND UNLAWFUL IRS ACTIVITY. Dear Cairman Rangel, Please enter the following remarks into the record as testimony In the middle 1970's I paid the IRS and had the cancelled check I recommend the following solutions to IRS abuse of taxpayers: 2. Passing HR 4931 3. Requiring 1 year of accounting training for all IRS agents. 4. Allowing tax preparers, accountants and bookeepers to represent taxpayers before the IRS and U.S. Tax Court. 5. Make all IRS agents civilly liable for the violation of taxpayer privacy by a $500 small claims award if the agent mades an incorrect statement, or assessment on the person. 6. Eliminate the criminal penalties of Title 26 $7201, 7203 and replace them with civil penalties after a common law trial in U.S. DIstrict Court. When a taxpayer is in jail you can't get any taxes out of him at any level. If the IRS can prove he owes the tax you can get the tax through legal processes and he is still paying state and federal tax. 7. The IRS should become an agency of the U.S. Congress. Only congress is authorized to lay and collect taxes. In this way each congressman could have direct control over the IRS. I declare under penalty of perjury the the above testimony is true. Signed Re Brad Frá Klicher Rev. Bradford Henschel P.O. Box 4578 Inglewood, Ca. 90309 ATTACHED EXHIB)75 Strip mend |