Hey Crackpot Ralph,
Have you ever wondered who educated this movement about section 1461 withholding agents? In the mid-'80s, I taught Tupper Saussy (leader of the money issue at that time) about section 1461 and he wrote an article about it in his newsletter, The Main Street Journal. A friend of mine, John Sasscer, studied that article Tupper wrote and then published his version of Tupper's article in the SAP newsletter, Reasonable Action. I have posted that article, published in the Summer of 1987, here.
I attach it to make it easy for you because I have reservations about your ability to even navigate the Net. You should at least look at it.
Did you know that John Sasscer, close friend of my good friend John Kotmair, wrote about the "taxable year" argument in the Reasonable Action newsletter back in the late '80s? I have this question for you: did you obtain your "taxable year" ideas from that newsletter? I must comment that in your brief that you prepared for MacAlpine, you screamed about "taxable year" but never even explained the argument. Screaming and hollering about "taxable year", however, is insufficient to oppose summary judgment. And complaining about the use of words, without also offering conflicting facts, will not stop a summary judgment motion. Even a first year law student would have offered better opposition than you did with that poorly written brief without factual opposition.
Back in the late '80s, I wrote briefs about the origins of the federal income tax, examining all of the old tax acts. Jeff Dickstein included that analysis in the first chapter of his book, Judicial Tyranny, published in 1991. Since then, I have diligently worked to make available on the Net most of the old tax acts and regs. When Tommy and I started Truth Attack and its website, I posted my work (then available for free on CD) in the TA law library, the URL of which is here.
I provide below a copy of what I have posted there regarding the old tax acts and regs. It is very important when analyzing any tax issue to treat its statutory and regulatory history. I have never seen you engage in such research and I have concluded that you lack the mental ability and skill to do so.
Incidentally, more than 10 years ago, I created computer files of the entire US Statutes at Large, also word searchable. Those files are also posted at the above link.
I have never encountered any of the popular tax gurus who have ever compiled and presented this much material. I have concluded that they, like you, lack the mental prowess to do so.
Larry, Your Nemesis.
HISTORICAL INCOME TAX LAWS AND REGULATIONS
Many students of the federal income tax lack ready access to important government documents related thereto, most significantly the various regulations adopted to implement the prior tax statutes. The purpose of this web page is to make those regulations available.
For those who are unfamiliar with these old tax regulations, a short explanation must be offered regarding the method by which the government in the past published regulations for various prior tax acts. Typically when a new tax law was enacted, Congress granted rule making authority to the Secretary of the Treasury. However before the creation of the Federal Register in 1936, these regulations were simply printed in booklet form and made available to the public. As examples, Regulations 5 concerned bonded warehouses for the distilling of alcoholic beverages. Regulations 6 dealt with the tax on fermented liquors. Regulations 8 related to tobacco taxes, and Regulations 9 concerned the tax on oleomargarine. Regulations 4 concerned the assessment of the 1863 federal income tax, and Regulations 21 concerned the similar income taxes imposed by the 1894 act. Some regulations did not relate specifically to taxpayers, but instead to government employees. Regulations 1 related to tax assessments, and Regulations 3 concerned the assessment of the legacy tax. These and other regulations were simply printed as booklets and distributed to the public. Some sets of regulations were short while others were extremely long, and the voluminous regulations had tables of contents as well as lengthy indexes. Some of the shorter regulations were published as Treasury Decisions in official publications like Treasury Decisions Under the Internal Revenue Laws (“TDIR”). The TDIR series started in 1898 and ended in 1942, and the set contains 36 volumes; most law libraries make it available. Links to many of the volumes in this set appear below.
The income tax regulations which appear here were obtained from several sources. First, the TDIR series contained amended Regulations 33 for the 1917 act, Regulations 45 for the 1918 act, Regulations 45 as amended in 1920, Regulations 62 for the 1921 act, Regulations 65 for the 1924 act, and Regulations 69 for the 1926 act. These regulations published as Treasury Decisions in the TDIR are included here for the purpose showing the reader how the original regulations appeared.
The second source for the regulations made available here is a multi-volume set (approximately 150 in number) named Internal Revenue Acts of the United States, 1909-1950, compiled by Mr. Bernard Reams, and published by William S. Hein & Co., Inc., a prominent law publisher. This set of books reprinted all the various tax acts adopted during the period 1909 through 1950, and the set is very handy for the tax practitioner. Also included in this set are copies of most of the older tax regulations promulgated during this same period. Since these are copies of official government publications, they cannot be copyrighted.
The final source of the below regulations is the Federal Register, the first issue being published in 1936.
But a word of caution is in order regarding the 1936 Federal Register. 1936 was the year that the Federal Register was first published. Some libraries have simply bound together the daily editions of the Federal Register and make that available. But in 1936, there was also an annual edition; this edition published all that appeared in the daily edition of the Federal Register for that year, excepting each daily’s title page which was not reprinted. Hence, page numbers of the “daily edition” are different from the “annual edition” for this year. But having the date of publication makes finding such pages in the annual 1936 edition easy.
Below are identified the various tax acts and the regulations promulgated to implement those acts:
1913 - The October 3, 1913 tax act: "An Act To Reduce Tariff Duties And To Provide Revenue For The Government, And For Other Purposes," 38 Stat. 114, ch. 16. Regulations No. 33, promulgated on January 5, 1914, implemented this act. These regulations were promulgated as Treasury Decision 1944, but they were not published in the TDIR. The copies provided here were obtained from Reams.
1916 - The September 8, 1916 tax act: "An Act To Increase The Revenue, And For Other Purposes," 39 Stat. 756, ch. 463. Treasury Decision 2367, 18 TDIR 168, simply made the Regulations 33 for the 1913 act applicable to this act.
1917 - The October 3, 1917 tax act: "An Act to Provide Revenue To Defray War Expenses, And For Other Purposes", 40 Stat. 300, ch. 63. Treasury Decision 2690, 20 TDIR 126, promulgated revised Regulations No. 33 applicable to this act.
1918 - The Revenue Act of 1918: "An Act To Provide Revenue, And For Other Purposes", 40 Stat. 1057, ch. 18. Treasury Decision 2831, 21 TDIR 170, promulgated Regulations No. 45 for this act. Treasury Decision 3146, 23 TDIR 352, promulgated revised (1920) Regulations No. 45. Included here are copies of these actual Treasury Decisions.
1921 - The Revenue Act of 1921: "An Act To Reduce And Equalize Taxation, To Provide Revenue, And For Other Purposes," 42 Stat. 227, ch. 136. Treasury Decision 3295, 24 TDIR 207, promulgated Regulations No. 62 for this act. Included here is the copy of this actual Treasury Decision.
1924 - The Revenue Act of 1924: "An Act To Reduce And Equalize Taxation, To Provide Revenue, And For Other Purposes," 43 Stat. 253, ch. 234. Treasury Decision 3640, 26 TDIR 745, promulgated Regulations No. 65 for this act. Included here is the copy of this actual Treasury Decision.
1926 - The Revenue Act of 1926: "An Act To Reduce And Equalize Taxation, To Provide Revenue, And For Other Purposes," 44 Stat. 9, ch. 27. Treasury Decision 3922, 28 TDIR 558, promulgated Regulations No. 69 for this act. Included here is the copy of this actual Treasury Decision.
1928 - The Revenue Act of 1928: "An Act To Reduce And Equalize Taxation, Provide Revenue, And For Other Purposes," 45 Stat. 791, ch. 852. Regulations No. 74 were applicable to this act. The booklet form of these regulations is provided here.
1932 - The Revenue Act of 1932: "An Act To Provide Revenue, Equalize Taxation, And For Other Purposes," 47 Stat. 169, ch. 209. Regulations No. 77 were applicable to this act. The booklet form of these regulations is provided here.
1934 - The Revenue Act of 1934: "An Act To Provide Revenue, Equalize Taxation, And For Other Purposes," 48 Stat. 680, ch. 277. Regulations No. 86 were applicable to this act. The booklet form of these regulations is provided here.
1936 - The Revenue Act of 1936: "An Act To Provide Revenue, Equalize Taxation, And For Other Purposes," 49 Stat. 1648, ch. 690. Regulations No. 94 were applicable to this act. These regulations were obtained from the Federal Register:
1 Fed. Reg. 2093, Sat. Nov. 14, 1936
1 Fed. Reg. 2161, Tues. Nov. 17, 1936
1 Fed. Reg. 2244, Wed. Nov. 18, 1936
1938 - The Revenue Act of 1938: "An Act To Provide Revenue, Equalize Taxation, And For Other Purposes," 52 Stat. 447, ch. 289. Regulations No. 101 were applicable to this act. These regulations were obtained from the Federal Register:
4 Fed. Reg. 616, Fri. Feb. 10, 1939
4 Fed. Reg. 700, Sat. Feb. 11, 1939
4 Fed. Reg. 802, Tues. Feb. 14, 1939
1939 - The 1939 Internal Revenue Code: 53 Stat., part 1. Regulations No. 103 were applicable to this act. These regulations were obtained from the Federal Register:
5 Fed. Reg. 348-424, Thurs. Feb. 1, 1940
5 Fed. Reg. 437-560, Fri. Feb. 2, 1940
5 Fed. Reg. 569-588, Sat. Feb. 3, 1940
Regulations No. 111 for the 1939 Code, a revision of the regulations for the 1939 Code, were adopted in November, 1943:
8 Fed. Reg. 14882-14979, Wed. Nov. 3, 1943
8 Fed. Reg. 15002-15175, Thurs. Nov. 4, 1943
8 Fed. Reg. 15205-15239, Fri. Nov. 5, 1943
Regulations No. 118 also revised regulations for the 1939 Code and were published in the Federal Register:
18 Fed. Reg. 5771-6199, Sat. Sept. 26, 1953.
Here are Regulations Nos. 90 and 91, which were regulations adopted for the Social Security Act. Regulations 106, 107, and 116 were adopted to govern wage withholding.
The 1999 and 2003 regulations for the 1986 Internal Revenue Code are posted on this page of Jon Roland's website.
Here is a searchable PDF file of the 1954 Internal Revenue Code. That Code was scanned, converted to Word text and proofed several times before being saved as a PDF file. See also 1986 Internal Revenue Code (Jan. 2002 version). Finally, here is a 1975 Congressional report about activities of the IRS.
Why is it important for students of the tax laws to study the old tax acts? They are interrelated as explained here.
Post Script:
The following are citations to former federal income tax acts:
1861 act: 12 Stat. 292, 309, ch. 45 (§§ 49-51).
1862 act: 12 Stat. 432, 473, ch. 119 (§§ 86-114).
1864 act: 13 Stat. 223, 281, ch. 173 (§§ 116-150).
1865 act: 13 Stat. 469, 479, ch. 78 (amended § 116).
1866 act: 14 Stat. 98, 137, ch. 184.
1867 act: 14 Stat. 471, 477, ch. 169.
1870 act: 16 Stat. 256, 257, ch. 255.
1894 act: 28 Stat. 509, ch. 349.