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WITHHOLDING RESEARCH page 5 The next thing that should be considered here, in regards to applicability and enforcement, is how a non-foreigner can determine whether a statute or regulation applies to them. Enforcing Statutes and Regulations Against a CitizenPursuant to 44 USC 1504-1507, before a citizen of one of the several states of the United States can be bound by or adversely effected by a law or regulation, any law having general applicability to such Citizens must be published in the Federal Register. Such laws and regulations are then categorized pursuant to their applicable Title in the Code of Federal Regulations (CFR). (Note the 1504 through 1507 at the end of each link here) http://www4.law.cornell.edu/uscode/html/uscode44/usc_sec_44_00001504----000-.html http://www4.law.cornell.edu/uscode/html/uscode44/usc_sec_44_00001505----000-.html http://www4.law.cornell.edu/uscode/html/uscode44/usc_sec_44_00001506----000-.html http://www4.law.cornell.edu/uscode/html/uscode44/usc_sec_44_00001507----000-.html Title 26 USC 7805(a) states, "...the Secretary shall prescribe all needful rules and regulations for the enforcement of this title [title 26]." The Internal Revenue Code is not self-executing. Without an implementing regulation applicable to a particular type of tax, a statute has no force of law, and imposes no duties or penalties.
To prove this premise, please read these six Federal Court ruling in regards to the effect of a statute that has no enforcement regulation. Three of them are un-overturned rulings of the United States Supreme Court. "The Act's civil and criminal penalties attach only upon the violation of a regulation promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone. Only those who violate the regulations [not the Code] may incur civil or criminal penalties, it is the actual regulation issued by the Secretary of the Treasury and not the broad authorizing language of the statute, which is to be tested against the standards of the 4th Amendment." California Bankers Association v. Shultz, 416 U. S. 25, 44; 39 L. Ed. 2d 812; 94 S. Ct. 494. (1974). In the case of U. S. v Reinis, 794 F. 2d 506, (9th Circ. 1986) the Court said, “Criminal Penalties for failure to report currency transactions can attach ONLY upon violation of REGULATIONS promulgated by the Secretary. See California Bankers Assn. V Schultz”. This Reinis case cites the Schultz case. Mr. Reinis’ criminal conviction for non-reporting of monies was reversed due to his lawyer successfully arguing that there were no IMPLIMENTING REGULATIONS that matched the statute he was charged of violating, and his conviction was overturned. In the case of U. S. v Murphy, 809 F. 2d 1427 (9th Circ. 1987) the Court said, “The reporting act is not self-executing; it can impose no reporting duties until IMPLEMENTING REGULATIONS have been promulgated. See California Bankers Assn v Schultz.”, This ruling of Murphy cites the Schultz case” and the Court affirmed the dismissal of the indictment by the District Court that had been filed against Murphy. In the case of U. S. v Merksy, 361 U. S. 431, (1960), Mr. Mersky was importing hand-made violins from Russia, through Germany, and removing the glued on, Russian part of the “label of origin” from the inside of the violins, so as to make them appear to be from Germany only, and not from Russia, (presumably to get a higher price for them here in America) in PRIMA FACIE [means; at first glance] violation of a Federal Statute forbidding removal of said stickers. Listen to the WISDOM OF THE SUPREME COURT. It ruled, “But it is the statute which creates the offense of the willful removal of the labels of origin, and provides the punishment for violations. The REGULATIONS on the other hand, prescribe the identifying language of the label itself, and assign the resulting tags to their respective geographical areas. ONCE PROMULGATED, THESE REGULATIONS CALLED FOR BY THE STATUTE ITSELF, HAVE THE FORCE OF LAW, AND VIOLATIONS THEREOF INCUR CRIMINAL PROSECUTIONS, JUST AS IF ALL THE DETAILS HAVE BEEN INCORPORATED INTO THE CONGRESSIONAL LANGUAGE. THE RESULT IS THAT NEITHER THE STATUTE NOR THE REGULATIONS ARE COMPLETE WITHOUT THE OTHER, AND ONLY TOGETHER DO THEY HAVE ANY FORCE. IN EFFECT, THEREFORE, THE CONSTRUCTION OF ONE NECESSARILY INVOLVES THE CONSTRUCTION OF THE OTHER.” The case of Lyeth v Hoey, 305 U. S. 188 states, “For FEDERAL TAX PURPOSES, FEDERAL REGULATIONS GOVERN.” And the case of Dodd v U. S., 223 F. Supp 785, (1963) states “For FEDERAL TAX PURPOSES, FEDERAL REGULATIONS GOVERN.” That’s not once, but six different Federal caselaws that show the same principle, three from the United States Supreme Court that establish this tenet, and three from lower courts that align with that tenet. That is sufficient stare decisis to prove that this tenet of law is clearly settled enough to use as a defense. Now please pick from one of the three choices below. (1) (I believe what you wrote about the six Federal Case law cites above) (2) (I do NOT believe what you wrote about the six Federal Cases law cites above) (3) (I will take what you say they say under deep consideration, and will (My preference? I suggest you pick number three so that after you have read them for yourself, no one can convince you otherwise.) Withholding Research PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14
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