This article deals with Excise taxes and what they mean.
Excise laid directly upon people violates the dictates in the Pollock v Farmer’s Loan & Trust, 157 U.S. 429, decision on indirect taxes not being able to be collected from people in this matter who have no legal compulsion to pay them.
This is also upheld in the Brushaber v. Union Pacific R.R., 240 U.S. 1, decision. Even if the excise taxes exist, all such excises, when not able to be passed on by people, become direct taxes and in violation of the above Supreme Court decisions, as people have no compulsion to pay them nor are they required by law.
Excise is a privilege tax for doing business that must come from corporation pockets. However they pass these along to people as is noted on your telephone bill for example. This is a direct tax on you. I am using Ballantine’s Law Dictionary 3rd Ed, 1969 to show why people are not required to pay an excise tax directly.
I will capitalize words of importance to draw your attention:
Excise tax. A tax which does not fall within the classification of a poll or property tax, and embraces every form of tax burdens NOT LAID DIRECTLY upon PERSONS or PROPERTY. [cite omitted] A tax imposed on the sale, even the use, of a certain article and on certain transactions and occupations.
Sums assessed as meals taxes, and paid, on the claim of the commissioner of taxation, UNDER PROTEST AND DURESS TO AVOID IMPOSITION OF PENALTIES, are received “as excise on account of the Commonwealth” within the meaning of CONSTITUTIONAL AND STATUTORY provisions requiring the tax collector to pay money so collected into the treasury of the Commonwealth, EVEN THOUGH THEY WERE ILLEGALLY COLLECTED. [cite omitted]
It then says to see corporation excise tax; duties; income excise tax; license tax; privilege tax.
Corporation excise tax. A tax on the conduct of business in a corporate capacity, sometimes measured by the income of the corporation, but not becoming an income tax because of such feature. 34 Am. J2d Fed. Tax Para.8860 et seq.
Definition of “Duties” is too long to include in this article but basically they mean a tax on imports of things, customs, mfg. of certain things. “Income excise tax. See income tax.”
What a play on words by those defining terms. Go back and read Excise tax again to see what I mean. Is excise a direct tax? Can it ever be classed as a direct tax? I don’t think so by the above definitions.
License tax. Same as license fee.
License Fee. The charge made for the issuance for a license, such being a tax where imposed for revenue, not merely to defray the expense of issuing the license. [MAN, WHAT DOUBLE TALK] An imposition or exaction on the RIGHT TO USE or dispose of property, to pursue a business, occupation, or calling, or TO EXERCISE A PRIVILEGE.
IF YOU HAD THE RIGHT TO YOU CAN’T BE REQUIRED TO GET THE LICENSE IN THE FIRST PLACE, CORRECT?
So according to this definition you can be taxed on a right and a privilege. Where then are rights? They are of no meaning in this definition.
So the last on the list is privilege tax.
Privilege tax. A tax upon the pursuit of an occupation or the conducting a business. [cite omitted]
When a statute authorizes the levy and collection of taxes UPON TAXABLE PROPERTY, and to license, tax and regulate CERTAIN businesses and “all other privileges” taxable by the state, the word “privileges” does not mean such things as ARE TECHNICALLY PRIVILEGES, and cannot ever be enjoyed or exercised IN ENGLAND except through the prerogative OF THE CROWN OR UNDER ACT OF PARLIAMENT, or IN THIS COUNTRY, by authority of law, but to denote other occupations and business of the kind mentioned. [cite omitted]
Again if this is not a deceptive play on words, I do not know what is. Why bring in England, the Crown and Parliament in this definition, if not to clarify that England still owns this country by agreement and the laws must conform in this country as it does in the Mother country? What “certain businesses” are these that are not defined at all? Just what is “all other privileges” and why are they different from privileges?
Now go all the way back to Excise Tax and you will see that it does not square with “UPON TAXABLE PROPERTY” in privilege tax because an excise tax cannot be upon property. This is just to show you how they, government, controls the use of words to their liking. They define them as they see fit so as to control you. You speak of words in the common sense. They speak of words in the legal sense.
You can’t mix oil and water, which are both liquids. Words equate with liquids. Both are of a kind but totally different. Why is it necessary in law that statutes defines the same word differently? In order to fit the scam they are devising. Now look at all the excise taxes you are paying. They are business taxes for the privilege a corporation sought from those criminals called legislators that simply are drunk with power to exact all the money they can from dupes (people like you and me). However when some dupes wake up to inform other dupes, those other dupes don’t want to listen. Now go back and look for yourself at the two cases I cited, Pollack and Brushaber, and read them to satisfy yourself that I am correct. Now you can sit and cry every time YOU pay an direct tax for some corporation that should be paying it as an excise tax.