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11A002
Richard Simkanin, RIP
by Jim Davies, 1/2/2011
It's been a busy winter so far, for the Grim Reaper; he seems to be in alliance with pro-government people. First he took my good friend Walter Gengarelly, a stalwart Libertarian in Connecticut, then David Nolan died at 66, then David Holmes left us, and now another hero of liberty, Dick Simkanin, succumbed to a heart attack in prison on December 28th, aged 67. I never knew or met him, but his fame went far and wide when in 2000 he "stopped withholding income related taxes from the paychecks of his employees after receiving no answers from the IRS and his elected representatives to his questions about any law that required him to withhold" according to this bio. He owned Arrow Custom Plastics, a Texas firm that employed some fifty people, and his action to end witholding (unless they asked him to, which a few did) got the full attention of the IRS because it depends heavily on millions of unpaid employers collecting tax for them using a system introduced, as we noted yesterday, as a temporary wartime emergency measure in 1942. Had he been acquitted at trial, those millions would have quickly followed his brave example and the income tax, which furnishes funds for about half of all the mayhem that the FedGov causes, would have collapsed. So the government "had" to cage him, just as they had to cage Irwin Schiff, and succeeded because even though nobody ever found or quoted any law that requires an employer to withhold taxes unless an employee requests it - the judge lied to the jury to keep it ignorant of that. That is an outrageous parody of "justice" and subsequent to the Schiff trial I did some research on how they can get away with it; the results are shown in 1789. Right from the get-go, the founders fully intended that the Judicial Branch would make law in this country, whenever push came to shove, in flagrant disregard of Article One and the whole myth of a limited, democratic republic. Dick was incredibly brave, in taking that action, and nothing that follows is meant to qualify my admiration for his courage. We must note, however, that he did not act to protest taxation, per se; he acted only to protest an illegal tax, one that is being collected without "authority" in law. Thus, if in some way the Feds had written a statute to compel the payment of income tax and its collection by withholding, Dick would not, as I understand it, have acted in any way out of the ordinary. What he missed is that law has no authority; it is a one-sided contract, while a contract is valid only if two or more parties volunteer to keep its terms. So Dick set out to prove that government can be held to obey its own laws, and ended up proving the opposite. Either way, his achievement would have been formidable; the way it worked out, he has demonstrated that it can not, and so that there is no rational alternative but to scrap it altogether.
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