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Taxing compensation of federal judges held to be unconstitutional in Evans v. Gore, 253 U.S. 245 (1920)

----- Forwarded Message -----

From: Paul Andrew Mitchell <supremelawfirm@gmail.com>
 Sent: Tuesday, May 8, 2012 12:26 PM
Subject: taxing compensation of federal judges held to be unconstitutional in Evans v. Gore, 253 U.S. 245 (1920)


I have a Senator from Rhode Island choking on his own words,
>  time to nail him with this info.


Here you need to understand that the Performance Management and Recognition System
("PMRS") is STILL found in the Internal Revenue Manual, EVEN THOUGH
Congress repealed that program in 1993:

http://www.supremelaw.org/irm/part1/irm_01-002-045.html


Recommend to Treasury, monetary awards of $10,001–$25,000
($5,001 or more for Performance Management and Recognition System (PMRS) Cash Awards)
for any one individual or group

Recommend an additional monetary award of $10,000
(total $35,000) to the President
through Treasury.


So, Federal Judges as a whole want the world to think that
they too are paying their "fair share" -- all the while the IRS
is greasing their pockets to the tune of $25,000 CASH
for every INDICTMENT of a tax protester, and another
$25,000 CASH for every conviction of a tax protester.

(Never mind that the IRS Restructuring and Reform Act
of 1998 prohibits the IRS from branding anyone as a
"tax protester or any similar designation".)

The President gets $35,000 CASH for each such INDICTMENT
and another $35,000 CASH for each such conviction:

http://www.supremelaw.org/press/rels/kickback.htm



You have stated in your material that by congressional mandate,
no federal judge can be taxed.
>  Can you provide that mandate and where to find it?


Article III as interpreted correctly in Evans v. Gore:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=253&invol=245

Here the Constitution expressly forbids diminution of the judge's compensation, meaning, as we have shown, diminution by taxation as well as otherwise. The taxing act directs that the compensation -- the full sum, with no deduction for expenses -- be included in computing the net income, on which the tax is laid. If the compensation be the only income, the tax falls on it alone; and, if there be other income, the inclusion of the compensation augments the tax accordingly. In either event the compensation suffers a diminution to the extent that it is taxed.

We conclude that the tax was imposed contrary to the constitutional prohibition, and so must be adjudged invalid.


[end quote]


There have been specious efforts and propaganda claims
that the precedent in Evans v. Gore was overturned;
however, my office disputes every one of those bogus claims
chiefly because the holding in Evans v. Gore was correct --
for all of the solid reasons stated in that judicial precedent --
and because of the true meaning of "judicial precedent"
as explained in the Anastasoff decision here:

http://www.supremelaw.org/decs/anastasoff/

See also:

http://www.supremelaw.org/press/rels/lawless.htm
(latter got me thrown OFF the campus of the Univ. of Arizona!)

http://www.supremelaw.org/sls/31answers.htm#Q26
http://www.supremelaw.org/sls/31answers.htm#Q27
(discusses the PMRS "kick-back racket")

http://www.supremelaw.org/cc/gilberts/opening.htm


     Appellant  expressly claims  the fundamental Right to courts
of competent jurisdiction, with presiding judge(s) who qualify by
Law.   The prohibition  against taxing  judicial pay  is one such
qualification.   See 3:1Evans v. Gore, 253 U.S. 245 (1920), is
now controlling,  notwithstanding the  so-called  16th amendment,
because  said   "amendment" 
 never  repealed  3:1.    Repeals  by
implication are  not favored.   See U.S. v. Hicks, [cite omitted]

(9th Cir. 1991).  The only reference to "Immunity",  as such,  is
found in the Clause which guarantees Privileges and Immunities to
Citizens in the several states, like Appellant.  See 4:2:1.
 
     Appellant  argues   that  no   federal  judge  is  presently
qualified  to   preside  on   the   instant   cases,   even   for
preliminaries, whose  pay is  being diminished  by federal income
taxes.   See also  Lord v. Kelley,  240  F.Supp. 167, 169 (1965),
which admitted undue influence upon federal judges by the IRS.

     Evans has never been  overturned  (see Shepard's Citations),
notwithstanding  a UCLA Law  Review  article  which  alleges  the
contrary:  "The Constitutional  Guaranty  against  Diminution  of
Judicial Compensation," Vol. 24, Dec. 1976, p. 308 at 332, n. 94.
C.J. William H. Rehnquist  has  argued,  before the University of
Arizona Law  School in  January of  1997,  that  Evans supra  was
overturned  by  O'Malley  v.  Woodrough,  307  U.S.  277  (1939).
Appellant disputes the main holding in O'Malley supra,  for being
predicated upon the following two false and rebuttable premises:
 
     (1)  there is only one class of citizens (there are 2); and,
 
     (2)  all federal judges are citizens of either class (but no
          federal law requires judges to be citizens at all).


--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
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On Tue, May 8, 2012 at 10:55 AM, Steve Gardner <treechainsaw@gmail.com> wrote:
Hello Mr. Mitchell,

You have stated in your material that by congressional mandate, no federal judge can be taxed. Can you provide that mandate and where to find it? I have a Senator from Rhode Island chocking on his own words, time to nail him with this info.
Thanks,
Steve

 


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May 8, 2012 in Current Affairs | Permalink