A31-129 – Constitutional Taxation

A31 Ep 129 Cover Art

Todd is away this weekend, and Corey interviews a government employee of more than 30 years on the subject and implication of Supreme Court Decision Brushaber v. Union Pacific R.R. Co. This is one of the most information dense podcasts ever produced by Agenda31, and is the first modern look into the landmark case that identifies for tax purposes, an Art. IV citizen as a  “non resident alien” with respect to the Federal Government and United States sourced income.

J.P. presents evidence that Frank Brushaber was born in the United States after the passage of the 14th Amendment, and could, if he opted, identify himself as a 14th Amendment U.S. citizen. Instead, Mr. Brushaber identified himself as an Art. IV state citizen.

Mr. Brushaber lost his case, however, an examination of this case, as detailed by JP, has incredible implications on widely held legal beliefs. The lessons from the Brushaber case are many, this is a podcast you will want to listen to several times, take notes, and have access to the references below.

Show notes and References:

(time notations are calibrated with the end of intro music)

Intro: Americans get an F on income tax quiz: http://on.mktw.net/2q3XiuO

00:06:15 Constitutional Taxation

00:07:30 16th Amendment Reference – http://bit.ly/2q09d0m

00:09:46 78th Congress, Congressional Record, March 27, 1943, pg 2580 F. Morse Hubbard legislative draftsman, Treasury Dept. – http://bit.ly/2oqbxgY

00:12:58 Two things done to avail yourself to the income tax

26 U.S.C. § 3402(p)(3) – Voluntary Witholding Agreements – http://bit.ly/2q8Zh0W

Rewards for finding law on income tax: http://bit.ly/2oVKHvX

00:18:24 If you have a federal income tax liability, pay it.

00:20:34 Brushaber v. Union Pacific R.R. Co., 240 U.S. 1 (1916)  – http://bit.ly/2oVTQoi

00:21:08 About Frank Brushaber

00:21:56 Pacific Railway Act of 1862, (12 Stat. 489) – http://bit.ly/2oVFYdA

00:30:45 U.S. Const. amend. XIV, § 1, cl.1.- http://bit.ly/2q48ffJ

00:32:57 What is a State? Texas v. White, 74. U.S. (7 Wall.) 700, 721 (1868). – http://bit.ly/2oW0QS5

00:35:25 Obama refers to the “57 States” – http://bit.ly/2oBA6TB

00:35:59 Social Security Act (Definition of “State”) 42 U.S.C. § 1301.

00:38:26 Insular Cases:   Yale Law Review – PDF Download, Wiki http://bit.ly/2q406bh

00:38:56 Downes v. Bidwell, 182 U.S. 244, 279 (1901). – http://bit.ly/2oixyhM

00:42:44 Elk v. Wilkins, 112 U.S. 94, 102-103 (1884). – http://bit.ly/2p9W6c9

00:44:41 State of Virginia v. State of West Virginia, 78 U.S.  39, 55 (1870). – http://bit.ly/2ozw7rx

00:46:01 Collector v. Day, 78 U.S. (11 Wall.) 113, 124 (1870). – http://bit.ly/2p6di0f

00:46:43 Heath v. Alabama, 474 U.S. 82, 92-93 (1985). – http://bit.ly/2oilD3t

00:56:09 How is your tax status determined?

00:58:37 Definition of “Foreign estate” 26 U.S.C. § 7701(a)(31). – http://bit.ly/2pT7maX

01:02:46 Antonin Scalia, hyphens and the Purple People Eater. (See p.160) – http://bit.ly/2pcJFKJ

01:05:43 Definition of “Nonresident alien” 26 U.S.C.  § 7701(b)(1)(B). – http://bit.ly/2pT7maX

01:07:04 United States v. Cruikshank 92 U.S. 542, 549 (1875). – http://bit.ly/2oiEI5V

01:07:45 Slaughter-House Cases 83 U.S. (16 Wall.) 36, 74 (1872). – http://bit.ly/2pqzqp1

01:09:14 Two types of State Citizenship

01:10:47 Retrocession of D.C. property to Virginia – http://bit.ly/2oziSHi – http://bit.ly/2pcAxWj

01:13:14 Bradwell v. State of Illinois, 83 U.S. 130, 138 (1872). – http://bit.ly/2pqso3t

01:14:36 Steigleder v. McQuesten, 198 U.S. 141 (1905). – http://bit.ly/2ozsQIN

01:25:00 Revisit Brushaber

01:27:52 Southern R. Co. v. Allison, 190 U.S. 326, 337 (1903). http://bit.ly/2pqGHoX

01:37:09 The girl who doesn’t legally exist.  – http://bit.ly/2pU5EbT

01:46:51 26 CFR § 301.6109-1(g)(1)(i). – http://bit.ly/2oW3Uh4

01:47:54 Long v. Rasmussen 281 F.236, 238 (D. Mont. 1922). – http://bit.ly/2oW36sN

01:49:58 26 CFR § 1.1441-1T(b)(2)(iii)(A). – http://bit.ly/2oVUfXM

01:54:57 USA PATRIOT Act – http://bit.ly/2pqvWmt

01:55:12 7 FAM Section 1111(b) (2015). – http://bit.ly/2ozd1BW

01:57:29 United States v. Wong Kim Ark, 169 U.S. 649, 656 (1898). – http://bit.ly/2pT99Na

01:58:55 22 U.S.C. § 212. – http://bit.ly/2oBQ4x0

01:59:15 8 U.S.C. § 1101(a)(30). – http://bit.ly/2ozEa7B

02:14:21 Internal Revenue Code, Ch. 53. – http://bit.ly/2oBPf7q

02:15:15 Printz v. United States, 521 U.S. 898 (1997), Justice Thomas’ Concurring Opinion – http://bit.ly/2oBNJlv

Password protected PDF compiled by special guest “JP” on Frank Brushaber:  Frank Brushaber Precedent for Real Tax Reform.

This document and password is available to all financial supporters of the Agenda31 podcast and website. If you have supported A31 outside of the one time or monthly recurring memberships available at this website, and want access, please send a request to info at agenda31 dot org.

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