Education Associates, Inc.
A Non-Profit Corporation
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Spam-Free Site We do NOT spam. Various multi-level marketers & other criminals have recently sent out spam impersonating us, & having our return email address, so that people would complain about spam and cause us to be shut down (a/k/a "joe job"). These multi-level marketers and other criminals have engaged in this form of cyber-terrorism because our telling the truth about their fraudulent schemes was hurting their ability to sell to new victims. Fortunately, our ISP now recognizes that these fake spams are bogus and ignores them, and additionally we are duplicating this site on numerous other servers (including "hardened" servers as well as our own proprietary servers) so that we cannot be harmed by these multi-level marketers and other criminals. Death to Spammers!
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Quatlosers Hall of Shame Bill Benson These special-editions Quatloos commemorates those who have made a name for themselves in their particular business endeavors.
Our 100Q Woopoo chips commemorate famous tax scam artists. One of the most famous is William J. Benson, co-author of the infamous "The Law that Never Was" which claims that the 16th Amendment was never ratified by the states. Benson was indicted for tax evasion in 1980 and 1981 and a jury convicted him on all counts. Benson appealed his conviction on a variety of grounds, and won a reversal by the Seventh Circuit on a technicality. On retrial, a new jury also convicted him. Oh, well. Idiots who have attempted Benson's defense in court have batted .000 and had the same results as Benson himself -- convictions for tax evasion. In the first of these cases, United States v. Thomas the Seventh Circuit held dispelled Benson's groundless assertion that the 16th Amendment was never ratified because some of the versions ratified had typos or insubstantial changes to the language of the amendment. The Seventh Circuit commented:
Not impressed with Benson's research, Thomas was convicted of tax evasion and sentenced to prison for 8 years and a fine of $30,000. Everybody thought that this statement by the Seventh Circuit which thoroughly de-bunked Benson's bogus arguments had put the matter to bed, and indeed after Thomas' conviction, even most tax protestors looked askance at his research and mostly avoided using it as a defense. Nonethess, like a bad social disease, Benson and his theories have returned in recent years and been used in tax scams run by some of the worst tax scam artists, such as Global Prosperity. http://www.quatloos.com/groups/gpg.htm. Bill Benson's "findings" have also been thoroughly de-bunked by a variety of researchers, including this extensive work: http://www.quatloos.com/bill_benson_debunked.htm Benson's Claims Exploded Benson's premise is that all federal income tax laws are unconstitutional because the Sixteenth Amendment was not officially ratified, or because the State of Ohio was not properly a state at the time of ratification. This argument has survived over time because proponents mistakenly believe that the courts have refused to address this issue. The Sixteenth Amendment provides that Congress shall have the power to lay and collect taxes on income, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. U.S. Const. amend. XVI. The Sixteenth Amendment was ratified by forty states, including Ohio, and issued by proclamation in 1913. Shortly thereafter, two other states also ratified the Amendment. Under Article V of the Constitution, only three-fourths of the states are needed to ratify an Amendment. There were enough states ratifying the Sixteenth Amendment even without Ohio to complete the number needed for ratification. Furthermore, the U.S. Supreme Court upheld the constitutionality of the income tax laws enacted subsequent to ratification of the Sixteenth Amendment in Brushaber v. Union Pacific R.R., 240 U.S. 1 (1916). Since that time, the courts have consistently upheld the constitutionality of the federal income tax. Relevant Case Law: Miller v. United States, 868 F.2d 236, 241 (7 th Cir. 1989) (per curiam) - the court stated, "We find it hard to understand why the long and unbroken line of cases upholding the constitutionality of the sixteenth amendment generally, Brushaber v. Union Pacific Railroad Company . . . and those specifically rejecting the argument advanced in The Law That Never Was, have not persuaded Miller and his compatriots to seek a more effective forum for airing their attack on the federal income tax structure." The court imposed sanctions on them for having advanced a "patently frivolous" position. United States v. Stahl, 792 F.2d 1438, 1441 (9 th Cir. 1986), cert. denied, 479 U.S. 1036 (1987) - stating that "the Secretary of State's certification under authority of Congress that the sixteenth amendment has been ratified by the requisite number of states and has become part of the Constitution is conclusive upon the courts," the court upheld Stahl's conviction for failure to file returns and for making a false statement. Knoblauch v. Commissioner, 749 F.2d 200, 201 (5 th Cir. 1984), cert. denied, 474 U.S. 830 (1986) - the court rejected the contention that the Sixteenth Amendment was not constitutionally adopted as "totally without merit" and imposed monetary sanctions against Knoblauch based on the frivolousness of his appeal. "Every court that has considered this argument has rejected it," the court observed. United States v. Foster, 789 F.2d 457 (7 th Cir.), cert. denied, 479 U.S. 883 (1986) - the court affirmed Foster's conviction for tax evasion, failing to file a return, and filing a false W-4 statement, rejecting his claim that the Sixteenth Amendment was never properly ratified. See also http://evans-legal.com/dan/tpfaq.html#ratification
JUSTICE DEPARTMENT SUES ILLINOIS
MAN Government Suit Alleges Illinois
Man Sells Bogus “Defense” WASHINGTON, D.C. - The Justice Department today asked a federal court in Chicago to stop William J. Benson, of South Holland, Illinois, from selling an allegedly fraudulent tax scheme and from unlawfully interfering with the Internal Revenue Service. The civil injunction complaint, which was filed on November 16, alleges that Benson, who also operates under the name Constitutional Research and Associates, charges $3,500 for documents, identified as the “Reliance Defense Package”, that supposedly provide purchasers with a legal defense to IRS action against them for failing to file federal income tax returns or pay taxes. The complaint says that Benson contends that the federal income tax is unconstitutional, a claim the Justice Department suit notes has been rejected by every federal court in which it has been raised. In addition to barring Benson from selling the Reliance Defense Package, the government’s suit also asks the court to order Benson to send his customers a copy of the injunction; to give the government the names, addresses (including e-mail), Social Security and telephone numbers of his customers; and to post a copy of the injunction on his website, www.thelawthatneverwas.com . “People who buy ‘defenses’ to tax evasion are not only wasting their money, but also buying trouble for themselves,” said Eileen J. O’Connor, Assistant Attorney General for the Justice Department’s Tax Division. “People who sell or use tax fraud schemes can expect serious trouble, including criminal charges where appropriate.” This case is part of the Justice Department’s initiative to enjoin promoters of fraudulent tax schemes. Information on other recent cases is available at http://www.usdoj.gov/tax/taxpress2004.htm . Frivolous tax arguments are number ten on the IRS’s list of the Dirty Dozen tax scams. The full list is available at http://www.irs.gov/newsroom/article/0,,id=120803,00.html . Information about the Tax Division is available at http://www.usdoj.gov/tax/index.html .
Motion for Preliminary Injuction Thurston Bell says Bill Benson is a Scam Artist from http://www.nite.org/docs/academic-deficiency.htm Notice of Academic Deficiency 5.12.2001 There just seems to be an endless number of people out here on the internet, who, without credentials, positive accomplishments, or evidence of prior experience or knowledge of their work on the Internet, and who also believe that they have some argument "worthy" of hearing by the federal courts, will ask that YOU send them some money. There are in fact SO MANY of these people, that I could spend every day for the rest of my life arguing against and exposing them. This will do nothing but serve the wishes of the Treasury Department. I have to learn to trust that individuals can be responsible for themselves, can show prudence, and judge that which is sent to them over the World Wide Web. When it comes to IRS lawsuits, I can only share a few points of certainty regarding the issues of lawsuits. A: The Federal Courts do NOT want to rule in YOUR favor because; B: No Federal Judge wants to be the Federal Judge who collapses the House of Cards known as the Economic Stabilization Program. C: The Government and the Judge will use Rule 12(b)(6) to throw your case out at the drop of a hat. That rule is: Failure to state a claim for which relief can be granted. D: The Courts and the Government will look for the weakest point of your argument and they will rule on that one and ignore the rest of the issues. So, if someone is sending an e-mail regarding wanting money from you to help support a case where there is no specifically damaged plaintiff and there are multiple arguments, I will not respond to such e-mails. If you are seriously considering spreading news of or financially supporting the ideas of such people who have discovered the Internet as a means of conning people out of money, instead of sending me their e-mail please write back to them and ask them what their credentials are, what results have they had, what is their area of expertise and experience, and do they have references from anyone that you might hold in esteem. This how the Establishments of Academia control discussions and discourse. (References are important.) And believe me folks, if someone out there was doing something that you needed to know about, I would have told you already. And if they don't have the guts to come to me directly and seek counsel with people like me who have results, they certainly are NOT worth your time and effort. Thurston P. Bell
NITE has VERY strict standards about following the letter of the Law. The people and organizations listed below use arguments that the courts have already deemed frivolous, and make all sorts of claims with no results to show for themselves. While some have truth mixed in with lies, there is just enough truth to get people tangled into their web. Some of these people are academic plagiarists who have been using NITE's work product and claiming it as their own and / or intermingling our argument with frivolous res judicata patriot arguments. Many of these people / organizations are networked (i.e. working together). A few of them are SHAM trust salesmen / women. Therefore, we can truthfully say that from our experience and first hand knowledge, the following people are "Snake Oil" peddlers and / or CON-men/women who do not deserve your trust: Al Adask; Review Pending
There is no room for those who claim it is their 1st Amendment Right for supporting people who are espousing such res judicata arguments. The courts and the Kotmair case made it clear. Guilt by association is NOW supported by CASE LAW. _____________________________________ Bill Branscum's Expose of Bill Benson -- |
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