E-Mail from a Bill Benson Fan

[Famspear]

The United States Court of Appeals for the Seventh Circuit has stated:

A petition to the Tax Court, or a tax return, is frivolous if it is contrary to established law and unsupported by a reasoned, colorable argument for change in the law. This is the standard applied under ... [Rule] 11 [of the Federal Rules of Civil Procedure] for sanctions in civil litigation, and it is a standard we have used for the award of fees under 28 U.S.C. §1927 and the award of damages under . . .[Rule] 38 [of the Federal Rules of Appellate Procedure].

--from Coleman v. Commissioner, 791 F.2d 68, 86-1 U.S. Tax Cas. (CCH) paragr. 9401 (7th Cir. 1986) (bolding added).

[Famspear]

Now, about Bill Benson and his phony "non-ratification" argument (from something I wrote in "another place"):

On December 17, 2007, the United States District Court for the Northern District of Illinois ruled that Benson's "Reliance Defense Package" (including Benson's Sixteenth Amendment non-ratification argument), which Benson sold to customers via the internet, constituted a "fraud perpetrated by Benson" that had "caused needless confusion and a waste of the customers' and the IRS' time and resources." Memorandum Opinion, p. 14, Dec. 17, 2007, docket entry 106, ''United States v. Benson'', case no. 1:04-cv-07403, United States District Court for the Northern District of Illinois, Eastern Division.

The court stated: "Benson has failed to point to evidence that would create a genuinely disputed fact regarding whether the Sixteenth Amendment was properly ratified or whether United States Citizens are legally obligated to pay federal taxes." Memorandum Opinion, Dec. 17, 2007, docket entry 106, United States v. Benson, case no. 1:04-cv-07403, United States District Court for the Northern District of Illinois, Eastern Division. The court stated that "the undisputed evidence shows that Benson had actual knowledge that the information in the Reliance Defense Package was false or fraudulent." Id. The court also stated: "Benson falsely tells customers that if they purchase and use his products they will be shielded from criminal prosecution for violating the internal revenue laws. Purchasers of the 'Reliance Defense Package' receive a letter signed by Benson that falsely represents that the purchaser can rely on Benson's research to conclude that the Sixteenth Amendment was not ratified, and that the purchaser is thereby not required to file federal income tax returns or pay federal income or social security taxes to the United States." Id. The court ruled that "Benson's position has no merit and he has used his fraudulent tax advice to deceive other citizens and profit from it" in violation of [26 USC sec. 6700]. Id.

The court granted an injunction under 26 USC sec. 7408 prohibiting Benson from promoting the theories in Benson's "Reliance Defense Package," which the court referred to as "false and fraudulent advice concerning the payment of federal taxes." Memorandum Opinion, p. 9 & p. 20, Dec. 17, 2007, docket entry 106, ''United States v. Benson'', case no. 1:04-cv-07403, United States District Court for the Northern District of Illinois, Eastern Division. See also Permanent Injunction, Jan. 10, 2008, docket entry 116, ''United States v. Benson'', case no. 1:04-cv-07403, United States District Court for the Northern District of Illinois, Eastern Division. The court injunction requires that Benson send his customers copies of the order, and that he post the order on his website. As of January 2008 Benson had modified his web site and posted a copy of the court order.

Benson appealed the decision of the District Court. Benson argued that prohibiting him from selling his “Reliance Defense Package” and his “16th Amendment Reliance Package” was a violation of his First Amendment Rights. The Court of Appeals for the Seventh Circuit rejected that argument in a ruling on April 6, 2009. The Court ruled that although Benson could sell his book, ''The Law that Never Was'', the court order prohibiting him from selling his “Reliance Defense Package” and his “16th Amendment Reliance Package” did not violate his First Amendment Right, as the sale of those two items constituted "false commercial speech." Entry 58, p. 14, April 6, 2009, case no. 08-1312 and case no. 08-1586, ''United States v. Benson'', United States Court of Appeals for the Seventh Circuit.

The Court of Appeals stated:

Benson knew or had reason to know that his statements were false or fraudulent. 26 U.S.C. [section] 6700(a)(2)(A). Benson's claim to have discovered that the Sixteenth Amendment was not ratified has been rejected by this Court in Benson's own criminal appeal. [ . . . . ] Benson knows that his claim that he can rely on his book to prevent federal prosecution is equally false because his attempt to rely on his book in his own criminal case was ineffective. Entry 58, pp. 8 & 9, April 6, 2009, case no. 08-1312 and case no. 08-1586, ''United States v. Benson'', United States Court of Appeals for the Seventh Circuit.

The Court of Appeals also ruled that the government could obtain a ruling ordering Benson to turn his customer list over to the government. Entry 58, p. 18, April 6, 2009, case no. 08-1312 and case no. 08-1586, ''United States v. Benson'', United States Court of Appeals for the Seventh Circuit.

(bolding and enlargement added).

[Pottapaug1938]

I wish that the Ratbags web site still collected Unhinged Rants -- this is a whopper, even by the standards of what we see here! I don't even know how to begin to respond to anything like this; but then, I'm better off not even trying. No matter what argument of theirs you rebut, these people are like those child's punchbags -- they'll just pop back up again at you, spouting yet another lunatic theory based on Magic Words and Uncovered Secrets. Anyone clueless enough to put their name on something like this is too clueless to have any shame about posting gibberish like this. Well, we can always...

[Pottapaug1938]

Precise definition of words are not only desireable but in tax law they are decisive.....
Frivolous is not what most here think. Look it up and take another look at the Pond with the correct definition factored in.....IT DOES NOT MEAN WHAT YOU STATE IS INCORRECT.....

The substance of the sixteenth amendment was always constitutional, it needed no special amendment. The amendment is just a ruse...to get dumb and dumber off point. The term "frivolous" should have been learned in Law 101.

Brushaber clearly stated the value of the 16th amendment...it gave no new powers....

Yeah -- because Congress already HAD the power! You really ought to learn how to read court decisions, Noah. You don't take out-of-context quotations from the dicta within the opinion, and get anywhere sensible on legal issues.

[Famspear]

And, Noah, if all that weren't bad enough, let's look again at what Bill Benson was doing until forced to stop by the court.

Until January 2008, Benson's web site stated:

After serving time in federal prison for not paying his United States income taxes, Bill Benson still does not pay income taxes and yet our federal government chooses not to arrest him. Why? Because now he can use this book, which he has written : 'THE LAW THAT NEVER WAS' in his defense.

(emphasis added).

The statement was, at one time, found at the caption near Benson's picture at bottom of one of the pages on his web site!!!!!

As of January 30, 2008, after the issuance of a permanent injunction against Benson, this language apparently was removed. Similarly, as late as the year 2007, Benson claimed, in marketing the "Reliance Defense Package" that included his non-ratification argument, that "[t]o date, the IRS has steadfastly refused to prosecute any person standing on this defense. Why do they do this? Because they know they cannot win!!" As quoted in the court decision on April 6, 2009, at entry 58, p. 8 ''United States v. Benson'', case no. 08-1312 and case no. 08-1586, United States Court of Appeals for the Seventh Circuit.

Of course, Benson is a blatant liar!

The book was actually published several years before Benson's arrest and, as noted above, Benson himself actually was convicted despite his having used his phony Sixteenth Amendment "non-ratification" argument IN HIS OWN CASE!!!!

[Brandybuck]

Ironiccaly, there is so much truth in that statement.

"Ironiccaly" is the antonym of "papericcaly". It's a little like "silvericcaly" but not as shiny.

[Chemnor]

Since these people Hate America so much, why don't they just leave?

Why do you believe that just because people disagree with you that they hate America? Are you really that much of a bigot?

Teenager Helmuth Hübener was put to death for exposing Hitler for what he was. Do you honestly think he hated Germany or that he loved it so much that he was willing to risk, even his life, to expose the fraud of Hitler?

You have no idea how often I have gone to court to fight corrupt Cops (suing 4 right now and they are talking settlement), corrupt government employees, IRS agents and lived through death threats and injuries sustained at the hands of Cops and people that worship Marxism.

Just because I despise the current Marxist government we have in America today that is supported by liberty haters, does not mean I don't love America.

And leaving is not that easy.

The South tried to leave and the North would not let them.

Try leaving the Country when you don't have a Social Secuirty Number. And where could I go that does not already worship at the alter of Marxism?

[Joey Smith]

No, it is easy to leave. I'll even pay your bus fare to the border, from wherever you are.

And nearly all of these people do Hate America -- they absolutely Hate everything about it, and blame the American they Hate for all their own personal shortcomings. If America was just a better place in their own image, it would be easy for them to be perfect.

But they don't want to leave, because for all their Hatred of America they realize that they can't enjoy the same standard of living abroad, so they hypocritically stay and make themselves a pain in the butt to everybody around them.

Really, they should just leave, and it really is so easy and painless to do so.

Just slip out the back, jack
Make a new plan, stan
You dont need to be coy, roy
Just get yourself free
Hop on the bus, gus
You dont need to discuss much
Just drop off the key, lee
And get yourself free

Nobody will stop you -- they won't even try.

[LPC]

Precise definition of words are not only desireable but in tax law they are decisive.....
Frivolous is not what most here think. Look it up and take another look at the Pond with the correct definition factored in.....IT DOES NOT MEAN WHAT YOU STATE IS INCORRECT.....

If by "the Pond" you mean the decision in Pond v. Commissioner, 211 Fed. Appx. 749, 2007 TNT 5-8 (10th Cir. 2007), aff’ng T.C. Memo. 2005-255, then you need to deal with the fact that the word "frivolous" appears in the opinion of the 10th Circuit Court of Appeals only twice, and both in the same sentence: "The Tax Court found Pond's arguments frivolous, addressed neither argument, and threatened him with future sanctions for bringing similarly frivolous arguments in subsequent proceedings."

The 10th Circuit then affirmed the judgment of the Tax Court, which had ruled *against* Pond, which means that the Tax Court had ruled that Pond was "incorrect" and the 10th Circuit agreed.

Which means that, unless you live in Bizarro World (or it happens to be "Opposite Day"), the 10th Circuit ruling in the Pond case means that, if your argument is "frivolous," it *does* mean that "what you state is incorrect."

The substance of the sixteenth amendment was always constitutional, it needed no special amendment. The amendment is just a ruse...to get dumb and dumber off point.

So two thirds of the members of Congress, and three fourths of the state legislatures, debated an amendment that was never "needed," and "a ruse"?

Such a shame that they wasted their time. If only you had set them straight back in 1913. Oh but that's right, you aren't 96 years old, and you hadn't been born yet. Which means that you don't know any more than I do, and you actually "know" considerably less considering that you appear to be intellectually stunted.

The term "frivolous" should have been learned in Law 101.

Believe it or not, but in "Law 101" real students of law learn about *real* issues in law, and not about crap from the Internet. In "Astronomy 101," students don't debate whether the earth is round or flat, or whether the earth revolves around the sun or vice versa, and in "Physics 101," students don't debate whether or not gravity is real.

[Judge Roy Bean]

...
Try leaving the Country when you don't have a Social Secuirty Number. And where could I go that does not already worship at the alter [sic] of Marxism?

Christopher, why are you so fixated on Marxism? Get up with the times. Things evolve. Dogma has to adapt. Socialism has nuances. It has evolved. So should you.

You can get out of the country without an SSN any time you're willing to put yourself into the vast underground of undocumented persons. There are millions in the underground economy.

But you seem to be willing to hang on to the trappings of a politician wannabe. You have a personal cause that a few easily mystified members of your church are willing to let you be the front man for. I've seen your kind before. Some of them were so whacked out they were willing to kill people or convince other people do it for them.

Tell me, and I ask this because I've consulted some friends of mine who are members of your church who basically laugh at your attempt at being a publicity-hound patriot trying to get elected.

Based on what they have said, I ask you, how do you tithe?

If you're given a gold fifty-dollar US coin, do you tithe $50 in FRNs or do you go to the settlement with the bishop at the end of the year and pay ten percent of the gain in FRN's? Or are you really a member in good standing? Or are you simply a hypocrite? You don't pay taxes (at least so you say) but what is the LDS church's position on your gain with coinage?

See - there is a simple answer to your questions in your own faith. What is that answer? Or do you reject the answer from your church as well as rejecting the law of the land?

[Chemnor]

No, it is easy to leave. I'll even pay your bus fare to the border, from wherever you are.

And nearly all of these people do Hate America -- they absolutely Hate everything about it, and blame the American they Hate for all their own personal shortcomings. If America was just a better place in their own image, it would be easy for them to be perfect.

But they don't want to leave, because for all their Hatred of America they realize that they can't enjoy the same standard of living abroad, so they hypocritically stay and make themselves a pain in the butt to everybody around them.

What we hate is people like you that hate the principles of liberty and try to force your beliefs upon us. My family has been in America since 1650 AD. I love America. I hate Marxism and all that goes with it.

I have no personal shortcomings. I have a wonderful and loving wife of 30 years. Wonderful children. I have a great dog. I have a very wonderful life and am happy to be alive. I look forward to the tomorrow and the future. I love Nevada and the West except for California. My children are 5th generation Nevadans. We are not leaving.

I have an adopted daughter that is Mexican. I have a fantastic daughter-in-law. I have a daughter in law to be that is very multi-cultural. I am not a bigot. I don't hate Obama for what he is but from what he is doing. I hated Bush the Fascist too.

I have never left this country and my standard of living is very low in comparison to others but I have all I need and many things I want. I don't have a lot because I don't have a Social Security Number and it makes it very difficult to earn a living. But I love following the Lord and not being a marked slave with the Mark of the Beast around my neck like Social Secuirty Numbered cattle. Possessions mean little or nothing to me. But then I did not lose my house or car in the Created Credit collapse because I don't live on credit.

I am an Eagle Scout and come from a family of Eagle Scouts. We all love America to the point that we would gladly die if called upon for this nation to be free of Marxism.

I will stay to continue to try to take America back for those that love the principles of liberty Declared in the Declaration of Independence. I will not succeed. But God will eventually take back this nations if only because Marxism will always kill itself if you just wait long enough.

[Chemnor]

...
Try leaving the Country when you don't have a Social Secuirty Number. And where could I go that does not already worship at the alter [sic] of Marxism?

Christopher, why are you so fixated on Marxism? Get up with the times. Things evolve. Dogma has to adapt. Socialism has nuances. It has evolved. So should you.

You can get out of the country without an SSN any time you're willing to put yourself into the vast underground of undocumented persons. There are millions in the underground economy.

But you seem to be willing to hang on to the trappings of a politician wannabe. You have a personal cause that a few easily mystified members of your church are willing to let you be the front man for. I've seen your kind before. Some of them were so whacked out they were willing to kill people or convince other people do it for them.

Tell me, and I ask this because I've consulted some friends of mine who are members of your church who basically laugh at your attempt at being a publicity-hound patriot trying to get elected.

Based on what they have said, I ask you, how do you tithe?

If you're given a gold fifty-dollar US coin, do you tithe $50 in FRNs or do you go to the settlement with the bishop at the end of the year and pay ten percent of the gain in FRN's? Or are you really a member in good standing? Or are you simply a hypocrite? You don't pay taxes (at least so you say) but what is the LDS church's position on your gain with coinage?

See - there is a simple answer to your questions in your own faith. What is that answer? Or do you reject the answer from your church as well as rejecting the law of the land?

Christianity has over 1000 sects. We still call ourselves Christians and we all have the same basic foundation.

I don't violate the Constitutional laws of this nation. I don't seek to move from one Socialist country to another either. Why move into the same evil? God is coming here and I believe I will live to see it or my children will. I have no reason to leave my home State.

I have studied Marxism as the foundation of the evils of socialism and he was the first real prophet of the religion of socialism like Mohammad was for Islam. And again there are many forms of Islam. The root is evil so if the tree changes much it will still be evil because of its root.

If I am given a $50 gold eagle I tithe $5 gold coin. I don't give the church FRNs. If I am given FRNs I change them into silver or gold and tithe with those coins.

I preach peace. I never support violence for this is the faith and patience of the Saints. I seek no physical harm to anyone. Vengeance belongs to the Lord. So does justice.

I pay every tax I owe. I don't owe an income tax because I have not accepted a Congressionally created right to earn a living.

Publicity builds minor parties. When I was State Chairman the party grew from 16,000 members to 50,000. in the year before I became party chairman the party declined in membership. My job, the reason I was elected to be party chairman, was to build the party. I succeeded better than any even dreamed I could. The Libertarian party had 4,792, the Greens had 2,459 and the IAP had 16,270. In 2008 the Libertarians had 7,816 The greens had 3,922 and the IAP had 51,924 The Libertarians had a 60% increase. The Greens had a 60% increase. The Independent American Party had a 200% increase. I did what I was elected to do and if that meant being a publicity hound then I did it. And all for free.

I sent in a card a few weeks ago to have my name removed from the voter registration roles. I no longer believe, with the PATRIOT ACT and the increase in IRS thugs that American can last much longer. I am tired of fighting the government even when I win in court and I am tired of trying to save cowards, like my brother, so I will be taking care of just me and my small non- extended family from now on. Politics is in the past as I now await the fall of Marxism with a happy heart.

Unlike Greg Damm, I live the gospel of Christ. I eschew Communism as commanded instead of forcing it on others and getting the Federal Government to own and run a whore house in just outside of Reno or fail to give 650 documents to the defense when required to by law. while he embraces it. The position of the church on gold and silver was stated by Joesph Smith not long before the Governor of Illinois had him murdered when he was running for United States President.

The state of Illinois has passed a stay law making property a lawful tender for the payment of debts; and if we have no law on the subject we must be governed by it. Shall we be such fools as to be governed by its laws, which are unconstitutional? No! We will make a law for gold and silver; and then the state law ceases and we can collect our debts. Powers not delegated to the states or reserved from the states are constitutional. The Constitution acknowledges that the people have all power not reserved to itself.

He believed in gold and silver coins as legal tender AND in States rights. My kind of candidate.

But we also believe the Bible to be the word of God and it is very clear on unequal weights and measures promoted by Marxists. The Bible calls such evil an abomination to the Lord. I follow that if I can but I cannot find the fixed standard for what a dollar is established by Congress. So what do I use to measure gain or increase with? I don't know. Do you? FRNS change every day and their value is not established by Congress as required by the Constitutions and are not dollars according to the Treasury Department. So what should I use?

I cannot be sure of every material matter until I know what a dollar is. That I am sure of.

[.]

I cannot be sure of every material matter until I know what a dollar is. That I am sure of.

Which makes you a gibbering idiot. Which is what many people have been trying to tell you for quite some time. The fact that you will never understand that you are a gibbering idiot really matters not at all, and you'll no doubt continue your stream of gibbering idiocy, much to our ongoing amusement.

I will, however, nominate you for an Associate Van Pelt-ish gibberish award. Highly coveted. The penultimate in gibberish. However, you and many other second-rate fellow spewers of gibberish will never best Van Pelt, no matter how hard you try. Van Pelt is the uncontested KING of gibberish. You don't stand a chance.

[grixit]

Fidel Castro had the courage to stand with his troops and risk death without the ability to resurrect himself. And, having come to power, when he murders someone who won't follow his commandments, that's the end of it. He doesn't add eternal torment.

I see a difference.

[wserra]

Hitler ... the current Marxist government ... liberty haters ... the alter of Marxism ... Socialist country ... the evils of socialism ... Communism ... a whore house ... Marxism will always kill itself

Whatever would we do if we didn't have Chemtrail to slap his labels on what he thinks we believe?

[Pottapaug1938]

I am an Eagle Scout and come from a family of Eagle Scouts.

If that's the case, you need to reread the Scout Law a bit more. I, too, am an Eagle Scout (and Vigil Honor in the OA), and among other things I remember that "a Scout is Obedient". That means that we obey the laws of our country, and don't make up frivolous excuses, for not obeying them, that have no factual or legal basis and have NEVER prevailed in Court.

[LegalEagleMan]

All's fair in love and war. Slave owner has every right to control his slaves. Slave has every right to eliminate slave owner. The sword cuts both ways. There is no rule or contract that One must do what another says.

As far as I am concerned this country does not live by the principles as set forth by Declaration of Independence and that of the compact among the States. It's beside the point, there are no agreements that have withstood the forever test of time. That compact just like every other compact will collapse eventually.

This country will split into parts not because the people believe as I do, but because they are no longer getting what they want, than they will even stop getting what they need. Americans for the most part are cowards, they talk a good game, I love these Freedom will ring stuff. Just remember the sword cuts both ways, people always forget that part and eventually they get cut.

When I was very tiny child, everyday this much older bigger kid would beat me up, seriously everyday. I would go inside crying, my dad was like well you are going to have to stick it out and figure out what you are going to do about it. Well, one day I just got terribly mad at the kid, beat the heck out of him. What happened after that? I beat him up 2 more times that same day. The prey became the attacker, even if in this case it was a little snot nosed little kid. Now that kid probably didn't even think about getting beat up when he woke up that morning, let alone 3 times.

The lesson he should have learned is the sword cuts both ways, by the end of the day I should have learned from others mistakes and not repeated them.

As you see the credit market continue to collapse you will see more and more nations have civil war situations, people are willing to overlook stuff many times if you are giving them most of what they want. When they stop getting what they want than they start to examine their true feelings. The US will be in terrible shape by the time this is all over.

In the end, all you crazy people will be hacking away at each other. Should be fun to watch.

[Nikki]

...
I have no personal shortcomings. I have a wonderful and loving wife of 30 years. Wonderful children. I have a great dog.
...

But you've never been on Ed Sullivan.

[Prof]

...
I have no personal shortcomings. I have a wonderful and loving wife of 30 years. Wonderful children. I have a great dog.
...

But you've never been on Ed Sullivan.

Wasn't this guy on the Gong Show?

[Joey Smith]

No, no, you Hate America and you seek its destruction. You see, America's heart and soul is its democracy, the idea that the Nation is governed by decisions of a majority of its people. But you don't want that. Instead, you want to try to force your personal belief as to what America should be on everybody else by fiat in the form of disobedience to the decisions of the majority.

In other words, it is YOU who is engaging in anti-democratic conduct, which is to say that it is you who hates, dishonors and disrespects the heart and soul of America.

So, therefore, the only honorable thing is to leave. The U.S. does not check Social Security numbers at the border, and it does not prevent people from leaving who do not have Social Security number. Moreover, the Mexicans do not police their border and so it is easy just to walk across.

A person who can leave at any time cannot be a slave -- that is just rhetoric, and stupid rhetoric at that.