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31 Questions and Answers about the Internal Revenue Service

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1. Is the Internal Revenue Service (“IRS”) an organization within the U.S. Department of the Treasury?

Answer:  No.  The IRS is not an organization within the United States Department of the Treasury.  The U.S. Department of the Treasury was organized by statutes now codified in Title 31 of the United States Code, abbreviated “31 U.S.C.”  The only mention of the IRS anywhere in 31 U.S.C. §§ 301‑313 is an authorization for the President to appoint an Assistant General Counsel in the U.S. Department of the Treasury to be the Chief Counsel for the IRS.  See 31 U.S.C. 301(f)(2).

At footnote 23 in the case of Chrysler Corp. v. Brown, 441 U.S. 281 (1979), the U.S. Supreme Court admitted that no organic Act for the IRS could be found, after they searched for such an Act all the way back to the Civil War, which ended in the year 1865 A.D.  The Guarantee Clause in the U.S. Constitution guarantees the Rule of Law to all Americans (we are to be governed by Law and not by arbitrary bureaucrats).  See Article IV, Section 4.  Since there was no organic Act creating it, IRS is not a lawful organization.

1. If not an organization within the U.S. Department of the Treasury, then what exactly is the IRS?

Answer:  The IRS appears to be a collection agency working for foreign banks and operating out of Puerto Rico under color of the Federal Alcohol Administration (“FAA”).  But the FAA was promptly declared unconstitutional inside the 50 States by the U.S. Supreme Court in the case of U.S. v. Constantine, 296 U.S. 287 (1935), because Prohibition had already been repealed.

In 1998, the United States Court of Appeals for the First Circuit identified a second “Secretary of the Treasury” as a man by the name of Manual Díaz-Saldaña.  See the definitions of “Secretary” and “Secretary or his delegate” at 27 CFR 26.11 (formerly 27 CFR 250.11), and the published decision in Used Tire International, Inc. v. Manual Díaz-Saldaña, court docket number 97‑2348, September 11, 1998.  Both definitions mention Puerto Rico.

When all the evidence is examined objectively, IRS appears to be a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1951 and 1961 et seq. (“RICO”).  Think of Puerto RICO (Racketeer Influenced and Corrupt Organizations Act);  in other words, it is an organized crime syndicate operating under false and fraudulent pretenses.  See also the Sherman Act and the Lanham Act.

1. By what legal authority, if any, has the IRS established offices inside the 50 States of the Union?

Answer:  After much diligent research, several investigators have concluded that there is no known Act of Congress, nor any Executive Order, giving IRS lawful jurisdiction to operate within any of the 50 States of the Union.

Their presence within the 50 States appears to stem from certain Agreements on Coordination of Tax Administration (“ACTA”), which officials in those States have consummated with the Commissioner of Internal Revenue.  A template for ACTA agreements can be found at the IRS Internet website and in the Supreme Law Library on the Internet.

However, those ACTA agreements are demonstrably fraudulent, for example, by expressly defining “IRS” as a lawful bureau within the U.S. Department of the Treasury.  (See Answer to Question 1 above.)  Moreover, those ACTA agreements also appear to violate State laws requiring competitive bidding before such a service contract can be awarded by a State government to any subcontractor.  There is no evidence to indicate that ACTA agreements were reached after competitive bidding processes;  on the contrary, the IRS is adamant about maintaining a monopoly syndicate.

1. Can IRS legally show “Department of the Treasury” on their outgoing mail?

Answer:  No.  It is obvious that such deceptive nomenclature is intended to convey the false impression that IRS is a lawful bureau or department within the U.S. Department of the Treasury.  Federal laws prohibit the use of United States Mail for fraudulent purposes.  Every piece of U.S. Mail sent from IRS with “Department of the Treasury” in the return address, is one count of mail fraud.  See also 31 U.S.C. 333.

1.  Does the U.S. Department of Justice have power of attorney to represent the IRS in federal court?

 Answer:  No.  Although the U.S. Department of Justice (“DOJ”) does have power of attorney to represent federal agencies before federal courts, the IRS is not an “agency” as that term is legally defined in the Freedom of Information Act or in the Administrative Procedures Act.  The governments of all federal Territories are expressly excluded from the definition of federal “agency” by Act of Congress.  See 5 U.S.C. 551(1)(C).

 Since IRS is domiciled in Puerto Rico (RICO?), it is thereby excluded from the definition of federal agencies which can be represented by the DOJ.  The IRS Chief Counsel, appointed by the President under authority of 31 U.S.C. 301(f)(2), can appear, or appoint a delegate to appear in federal court on behalf of IRS and IRS employees.  Again, see the Answer to Question 1 above.  As far as powers of attorney are concerned, the chain of command begins with Congress, flows to the President, and then to the IRS Chief Counsel, and NOT to the U.S. Department of Justice.

1. Were the so-called 14^th and 16^th amendments properly ratified?

Answer:  No.  Neither was properly ratified.  In the case of People v. Boxer (December 1992), docket number #S-030016, U.S. Senator Barbara Boxer fell totally silent in the face of an Application to the California Supreme Court by the People of California, for an ORDER compelling Senator Boxer to witness the material evidence against the so-called 16^th amendment.

That so‑called “amendment” allegedly authorized federal income taxation, even though it contains no provision expressly repealing two Constitutional Clauses mandating that direct taxes must be apportioned.  The Ninth Circuit Court of Appeals and the U.S. Supreme Court have both ruled that repeals by implication are not favored.  See Crawford Fitting Co. et al. v. J.T. Gibbons, Inc., 482 U.S. 437, 442 (1987).

The material evidence in question was summarized in AFFIDAVIT’s that were properly executed and filed in that case.  Boxer fell totally silent, thus rendering those affidavits the “truth of the case.”  The so‑called 16^th amendment has now been correctly identified as a major fraud upon the American People and the United States.  Major fraud against the United States is a serious federal offense.  See 18 U.S.C. 1031.

Similarly, the so-called 14^th amendment was never properly ratified either.  In the case of Dyett v. Turner, 439 P.2d  266, 270 (1968), the Utah Supreme Court recited numerous historical facts proving, beyond any shadow of a doubt, that the so‑called 14^th amendment was likewise a major fraud upon the American People.

Those facts, in many cases, were Acts of the several State Legislatures voting for or against that proposal to amend the U.S. Constitution.  The Supreme Law Library has a collection of references detailing this major fraud.

The U.S. Constitution requires that constitutional amendments be ratified by three-fourths of the several States.  As such, their Acts are governed by the Full Faith and Credit Clause in the U.S. Constitution.  See Article IV, Section 1.