Wednesday, May 30, 2012

Presumption of Guilt Lays Foundation for U.S. Citizen Tax and Travel Laws

Dees Illustration
Brandon Turbeville

In what appears to be a growing movement in the United States Congress, at least two different pieces of legislation have been introduced during the course of this year that would involve the stripping of travel rights and the possession of passports for a variety of reasons.

The more draconian of the two bills, The Moving Ahead For Progress Act (MAP-21) S. 1813, actually allows for the “revocation or denial” of a passport for anyone who has delinquent or unpaid taxes. This is why Eric Blair of Activist Post has labeled it the “Keeping the Slaves on the Plantation Act.”

Section 40304 of the bill states in clear language, “that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport.”

At first, this section appears only to target wealthier citizens yet, as is always the case, the language of the bill can easily be twisted in order to apply to almost everyone else.

This is because the amounts of “delinquent taxes” claimed to be owed by the individual is generated by the IRS and the burden of proof is subsequently placed on the citizen, not the agency making the accusation. Thus, an obviously outrageous claim of back taxes can be made against anyone and the responsibility to demonstrate that the money is owed or not, along with all of the financial and legal inconvenience that accompanies it, now falls squarely on the shoulders of the citizen. Once again, in America, you will be presumed guilty until you prove yourself innocent.

The MAP-21 law, which has actually passed the Senate on March 14 in a 74-22 vote, not only allows for the denial of passport applications but also for the revocation of passports even in the event that the citizens are currently residing abroad.


Indeed, citizens need not commit a crime in order to have their right to travel revoked. They need only to have outstanding debt. CBS acknowledges this much when it writes,

However, there does not appear to be any specific language requiring a taxpayer to be charged with tax evasion or any other crime in order to have their passport revoked or limited – only that a notice of lien or levy has been filed by the IRS.
In other words, if you owe money, you are in danger of having your right to travel revoked. Thus, the concept of this bill dovetails with the recent reappearance of debtor’s prisons inside the United States.

The second law, the Ex-PATRIOT Act (The Expatriation Prevention By Abolishing Tax-Related Incentives for Offshore Tenancy Act ) is similar in scope to MAP-21. Like its counterpart, this bill will have serious consequences for any individual who renounces his American citizenship for that of another country.

In fact, under this new law which has only recently been introduced by Sen. Chuck Schumer D –N.Y. and Sen. Bob Casey D-PA, any individual who renounces his citizenship for “tax avoidance purposes” would be subject to a higher capital gains tax, as well as being banned from ever re-entering the country again.

What’s more, the tax provision of this law could be enacted retroactively.

While the case for raising the capital gains tax on individuals renouncing their citizenship can most definitely be made – especially considering that the amount (30% percent) would only be equal to what other non-resident aliens must currently pay – the idea that these individuals would be banned from ever re-entering the country is absolutely outrageous.

Not only that, much like the MAP-21 bill, the burden of proof regarding whether or not the citizen has renounced citizenship for “tax avoidance purposes” is laid directly on the shoulders of the individual, not the state which has made the accusation. Indeed, this bill forces the citizen to prove that he is not leaving the U.S. for these reasons as the new law creates an environment where it is automatically assumed that he is.

What’s more, the fact that provisions of this law – or any other law – can be enacted retroactively has startling implications for every American citizen. Indeed, it has startling implications for the basic concept of justice.

When a law can be enacted retroactively, it becomes the case that individuals or organizations are then held liable for committing a crime that they had no way of knowing existed at the time it was committed. Unless one is able to see the future, it is impossible to anticipate what further laws may be passed in the same way. Only a psychopath desiring more control, or a complete idiot unaware of the repercussions of his actions, would pursue legislation in this manner.

The fact is that there is a much bigger agenda afoot than mere reactionary politics and attempts to score political points with voters over a Facebook executive skipping out on his tax bill. As Congressman Ron Paul stated on his Texas Straight Talk recording on May 28, 2012,

The characteristic mark of a tyrannical regime is that it eventually finds it necessary to erect walls to keep people from leaving. . . . . We live under a Federal Government that has eviscerated our Fourth Amendment rights, that can detain US citizens indefinitely based solely on the President’s word, and assaults toddlers and grandmothers at airports in the name of security and regulates virtually every aspect of our economic lives. No wonder increasing numbers of Americans feel this government is engaged in outright warfare against its own citizens.
From the U.S./Mexico border fence to the new MAP-21 and EX-PATRIOT Act bills, what is clear is that those in power are becoming increasingly aware of the desire of many Americans to abandon the ship before it finally sinks. What is also clear is that there is a great deal of effort being spent in order to prevent them from doing so.

Read other articles by Brandon Turbeville here

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Brandon Turbeville is an author out of Mullins, South Carolina. He has a Bachelor's Degree from Francis Marion University and is the author of three books, Codex Alimentarius -- The End of Health Freedom, 7 Real Conspiracies, and Five Sense Solutions and Dispatches From a Dissident. Turbeville has published over one hundred articles dealing with a wide variety of subjects including health, economics, government corruption, and civil liberties. Brandon Turbeville is available for podcast, radio, and TV interviews. Please contact us at activistpost (at) gmail.com. 

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10 comments:

Very Dumb Government said...

The problem is that the government is lawless. There is no body of law in the United States that is consistent and understandable. The US Codes redefine words to say one thing but mean another. Trying to understand US Code can make a man insane; destroying the mind. It is too stupid to consider.
For instance, on the subject of internal revenue laws, well, they were repealed in 1939. I've posted this link here before and I'll do it again for those who haven't seen it. http://verydumbgovernment.blogspot.com/2012/02/internal-revenue-laws-repealed-1939.html

Ok, now listen to Marc Steven's Call of Shame when he tries to discover if his client is a "taxpayer." http://verydumbgovernment.blogspot.com/2012/04/call-of-shame.html

The "government" doesn't know how to tell the truth. So what if they pass any laws, they don't pay attention to them. They just do what they want under a system of war powers, and the American public is the enemy.

I'm like a one note wonder at this point and I can see that the only thing that works for the benefit of mankind are God's commandments. The rest of it is nonsense and extremely unproductive.

SNAKEBELLY said...

To those who would steal our rights? Damn you! I may be old and worn, but I'll fight you to the death.

Anonymous said...

Add this to obsession with closing/patrolling the borders (to include drones) and it's clear that the government is starting its clampdown to keep Americans in. Ask the Cubans how all that works, they can tell you stories. Well, for that matter, ask anyone who lived in a Communist country, the story is the same with some having an ocean to keep them in and others a wall.

Anonymous said...

@ Very Dumb Government, please read this article:

http://www.nytimes.com/2012/05/30/opinion/how-china-flouts-its-laws.html?nl=todaysheadlines&emc=edit_th_20120530

Anonymous said...

Statute at large 249 Expatriation act, anyone can renounce US citizenship and still maintain their American Citizenship. America is a location, Country the UNITED STATES is a Corporation, US citizen is a legal fiction created by the Corporation, so it controls what it creates! Wake Up America

Yuri said...

Separate USA States once issued Passports. Revive that practice. If your Secretary of State obeys CFR "Mothership" then your State Department is not a public body and best ignored.

Henry said...

Anonymous @ 5:34 pm, oh yes just wake peoples. Wake up america. Hey, yous peoples wake up.

There ya go that just fixed all the problems. You just saunter down to your police station and tell 'em to "wake up". Dance over to the White House and tell Obama to "wake-up". Just tell all those federals to "wake-up der yous peoples".

Can we visit you in gitmo bay?

You idiots seem to think that you have some secret information that the government is going to respect and obey. Aren't you just special! Oh really? Then why haven't you used your wide awake super knowledge to solve all the problems?

And all you gotta do is just go around saying, WAKE UP. Wake Up. Wake Up. Well where is the plan, where is the leadership, where are the resources? The Occupy protests show that the people are awake, and so what? Wake up and do what? There is no plan and no level playing field.

You seem to think that telling everyone will solve the problems. It hasn’t. It won’t. So wake up to that.

Anonymous said...

If this kind of BS doesn't show you that THEY think they OWN you, I don't know what would.

Anonymous said...

I agree with Henry to a certain extent... a lot of articles say that people need to wake up... and while some people are awake... there seems to be nobody in a position to take the lead on how to solve this crisis. Some also say "why isn't anybody doing anything?" Solutions anyone?

Anonymous said...

Dear Uncle Sam,

One must have a plan and stick to it. I was lucky to be in a media blackout from Aug to Nov 2001 while at work on a ship, and during this time the horrible attacks and Patriot Act came into effect. I am sorry Uncle Sam for missing the brainwashing session in 2001, and therefore have planned for these laws that are now happening. I still faithfully pay my taxes to fund DEA missions in Honduras that kill innocent people, then only to blame it on their National Police. Instead of panicking and "waking up", I am legally doing things that will not prevent me from traveling under any circumstances regardless of what you are proposing. Again, Sorry for missing the brainwashing session.

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