Fed Marshalls sieze IBT in Indy

Hmmmm

What Contender said, which really underscores the point. Once the government enters the picture, politics comes into play and you'll soon find that "some animals are more equal than others."

As bad as Jesse's current problems seem to be, I'm guessing there won't be any serious repurcussions from the IRS over his extortion, er, I mean donation collection practices. He's still got quite a bit of political clout.

I fail to see how the church itself owes money. I guess if you're the IRS, you can write the rules any way you want. If you tried to do create a debt by this reasoning in the private sector it wouldn't fly though. Basically, it boils down to "do what we say or we'll hurt you." I think the mafia gets in trouble for these kinds of tactics, but the Feds are fine with it. Go figure.

JerryM,

I highly doubt I could be a church w/o funds, and as soon as I passed that collection plate I would have to ask the blessing of the IRS even if it was me and 3 friends in my basement. That's not freedom in my book if I have to ask.
 
JerryM,

I am sure that the good folks at IBT thought they were acting according to scripture. You (and some others) think they were not. This is a sterling example of why we have a secular law of the land.

All I know is that the whole fiasco that occured there is another splendid example of a federal government that is increasingly out of control.
 
Folks, . . .

If the IBT STOPPED paying/withholding taxes in 1984, then why did the government drag its feet for seventeen years? Has no one thought of this argument? Oh, yeah . . . that's enough time for the monies to pile up in the millions, right? THEN it's time to make a stink with the church.

I get it. Completely.

At least they didn't send in the tanks, burn down the temple, and raise a flag over it.

The church is not responsible for taking care of the individuals' taxes, anyway. Just like my employer isn't the least bit responsible for mine by April 15. So the government doesn't like how the IBT choose to settle a tax matter with individuals it employed. So what. Take up the issue with the individuals, not the church parsonage, the properties associated with it, and the temple.

The government is a bully, and I'm heartened to see those folks standing up to them in full civil disobedience.

Besides, it's truly sad to see the employers of the people taking over. When was the last time you hauled your boss out of his pad on a gurney?
 
Good point Contender.

The technicalities of these applicable tax laws are not something that is giving me a great deal of worry. Our tax laws are a fruad and a totalitarian mechnism used to forcibly control and redistribute capital as our masters see fit.

What concerns me if this latest deployment of Federal Police to seize, this or confiscate that, arrest whoever...in an absolutist manner.
I know my veiw is reactionary and unpopular, but we weren't supposed to be kept in line by armed Federal Police.

This was supposed to be the United States, not United State.

To me tax law and biblical quotes are less than pertinate to the ongoing disregard for the seperation of State and Federal powers.
 
Payette Jack,
"I highly doubt I could be a church w/o funds, and as soon as I passed that collection plate I would have to ask the blessing of the IRS even if it was me and 3 friends in my basement. That's not freedom in my book if I have to ask."

Jack, put me in the slow group but I don't understand your point in replying to what I said. A church would not have to pay taxes, but one who gave couldn't claim an exemption. At least that is my understanding of the tax exempt vs non tax exempt status of a church. I don't think Bob Jones University has to pay taxes, but those who contribute to it can't claim tax exemption for their gifts since they lost their tax exempt status. I'll double check this.
Tamara,
"This is a sterling example of why we have a secular law of the land. All I know is that the whole fiasco that occurred there is another splendid example of a federal government that is increasingly out of control."
I don't disagree with you here. The church has to obey the secular law of the land. The law can dictate zoning and other restrictions for example. I also think the government is out of control.

My argument is not so much that the feds acted properly, but the fact that the church is Biblically obligated to obey the law if it isn't in conflict with the Bible. Some churches which have a school have claimed that they don't have to obey the state. I agree that the state can't dictate that they teach subjects, such as evolution (as a fact instead of a theory), that is against their beliefs. But to say that the state has no authority is not correct. If the school decided not to teach math and English the state would have just cause to challenge the school. An important point is that God's people, either individually or collectively, are not above or immune from the law. It is interesting that in the first century Paul told slaves to obey their masters. If we get too caught up in trying to challenge the government we don't have time for the gospel. Spreading the gospel is our primary responsibility, not straightening out the government. We can of course establish positions on the issues.
I also understand that the church declared that all of its employees were ministers. That is dishonest, and an obvious attempt to circumvent the law, if that is true. I haven't heard it denied. I don't believe anyone on these forums is more dedicated to the importance and authority of the local church, or the Word of God than I. I am an independent, fundamental Baptist who believes that the Bible is the inspired word of God, and I take it literally unless there is obvious evidence that it is meant symbolically. However, I don't try to make it mean what I wish it meant. As far as I am concerned that church did just that. I would like to know what passage they are using to support their position. Jerry
 
I think that one point is missed in this discussion. That is, that the IRS is always on the watch for the establishment of sham "self-employment." The church was not singled out on this. Some, or many, businesses have tried to hire "independent contractors" who are "self-employed." The IRS watches very carefully to ensure that the guidelines are met. The IBT is simply another account of sham self-employment being exposed and dealt with. It happens all the time.

I find it hard to believe that anyone would be appalled that churches should also obey the law of the land.

It has taken nearly two decades for this case to work its way through the legal system to the US Supreme Court, which has refused to hear an appeal. Anyone who is familiar with the working of the legal system should not be surprised at that. That's just how long it takes to get thought all the courts.

The church is responsible for collecting the withholding taxes from employees. I don't believe that business could get away with refusing to follow the law by collecting withholding and then claim innocence with, "It's not my job."

Hammer4nc:

You said:

The church has stated all along the issue isn't money, its control and subjugation. The required moneys were sent in by the "ministers" to the IRS. That should have satisfied the debt. Instead, the IRS returned the money, started assessing penalites, fines, interest. The only other agency that would gladly destroy an ongoing enterprise over a technical violation like this is the BATF, and I'd put them both in the same putrid boat.

I respond:

It doesn't matter what the church says; it matters what the law says. Look up the law on who is a "minister." You will see that they broke the law there. Look up the law on who is self-employed. You will see that they broke the law there. Look up the law on withholding. You will see that they broke the law there. It is not a technical violation. This is a flagrant abrogation of the law. The IRS had to return the money paid by the "ministers" because they were not ministers, were not self-employed, and could not legally pay the self-employment tax. Any business that tried such a shenanigan would be dealt with in the courts. However, I do agree with you that it is about subjugation: IBT refused to obey the authority appointed over them by the Lord.

You said:

Name another business that would refuse to accept payment on a debt because one party, instead of the other had to physically remit the money! That's how far we've come from common sense. The "rules" become an end unto themselves.

I respond:

See above, where I make the point that it is not simply a question of the money being received into governmental coffers. IBT broke the law on how they tried to place the money there. So, your analogy doesn't apply.

You said:

If you read some of the church's positions, they fear that registration as a 501c3 organization would place them under government control regarding what they can teach in their school, and even what they may say from the pulpit. I think their fears are justified.

I respond:

I think that you are unfairly linking disagreement with ignorance. I am familiar with their positions. I disagree. So have all the courts that have either heard their case, or, in regard to the US Supreme Court, refused to hear it. A church does not have to be registered as a 501c3 corporation to be a church. So much for that argument. Their fears of "what might happen" would be better addressed if and when they did happen. I think their fears might have led them astray. Whatever, they are wrong. I am sorry that this has transpired. I wish that it never had.

Pax,

viator
 
Many of you seem to forget/ignore/or are unaware:
They (Feds) came armed and tactically organized...implicit in this is that deadly force was prepared to be used...in short, they were prepared to kill people....over money.

Wonder if ol' Ron Horiuchi was there?
 
viator,

This situation could be approached on two levels, legal/illegal, or right/wrong. Let's not mix apples and oranges.

Legal/illegal: I'm not quite as quick as you seemingly are, to accept the IRS interpretation of regulations as "law", and simply dismiss dissenting arguments by saying "it doesn't matter". I take issue with your portrayal of the irs as the vigilant guardian against shams. Anyone who has dealt with this agency (and its appeal process) will tell of changing, contradictory opinions, presumption of guilt before innocence, and a vindictive/political agenda driving prosecutions. In that their job is to collect taxes, and the seminal event here was REVENUE NEUTRAL (the taxes were paid in full- the govt. got every cent it was due!), I'd expect any efficiency-minded agency would be able to find a way to post the payments. Spirit vs. the letter of the law. Not waste the time and money it has in a zero-tolerance vendetta over who made the payment. Thats what I mean by common sense. While the irs is enthusiastic in issuing overly complex rulings when it suits their agenda, similar point-by-point arguments made by lowly taxpayers are met with the response you put forward: "It doesn't matter what you say. Comply or we take everything you own and put you in jail".

Right/wrong: From your post, I infer your agreement that there is SOME point at which civil disobedience is justified, on a moral level. (Correct me if I've assumed too much.) When to disobey a bad law. When to rebel. You may argue that until you are personally ordered by govt. to commit a heinous act, you must comply with lawful authority. I suspect that when that day comes, you would find a way to comply. Others feel stongly enough about the erosion of liberty, and usurpations by our govt., that they can no longer fund these activities, participate in good conscience. While you blythely dismiss these fears as unfounded, remote, etc., for others they are important, real and present. IBT has suffered legal consequences, we can agree to disagree whether their actions are right or wrong. I think they are taking a courageous stand.


[Edited by hammer4nc on 02-14-2001 at 07:44 AM]
 
I expect that a lot of the money involved is FICA tax which is a whole different ballgame with specific rules on dates etc of opting out.

Without question we need an entirely new and legal tax system.
 
hammer4nc wrote:
This situation could be approached on two levels, legal/illegal, or right/wrong. Let's not mix apples and oranges.

I respond:
I am not mixing apples and oranges. I carefully distinguish between the legal, moral and ethical. Rather than to approach this simplistically on the basis of two considerations, I am employing three.

hammer4nc wrote:
Legal/illegal: I'm not quite as quick as you seemingly are, to accept the IRS interpretation of regulations as "law", and simply dismiss dissenting arguments by saying "it doesn't matter". I take issue with your portrayal of the irs as the vigilant guardian against shams. Anyone who has dealt with this agency (and its appeal process) will tell of changing, contradictory opinions, presumption of guilt before innocence, and a vindictive/political agenda driving prosecutions. In that their job is to collect taxes, and the seminal event here was REVENUE NEUTRAL (the taxes were paid in full- the govt. got every cent it was due!), I'd expect any efficiency-minded agency would be able to find a way to post the payments. Spirit vs. the letter of the law. Not waste the time and money it has in a zero-tolerance vendetta over who made the payment. Thats what I mean by common sense. While the irs is enthusiastic in issuing overly complex rulings when it suits their agenda, similar point-by-point arguments made by lowly taxpayers are met with the response you put forward: "It doesn't matter what you say. Comply or we take everything you own and put you in jail".

I respond:
I am not accepting the IRS interpretations as “law” solely on the basis of what they have said. Perhaps you have not noted that every court has agreed with them. Perhaps you missed the fact that I have repeatedly said that I have agreed with the IRS AND all of the courts. The courts are the determining factor. As for the IRS, I do not assert that they are a perfect organization. As one who has dealt with them and their assumptions, I am indeed cognizant of their methodology. I again, as one who is intimately aware of the emphasis they put on rooting our sham “self-employment” schemes, reassert that they continually monitor this in the secular realm. This is simply a fact. I grant that the scheme concocted by the IBT was essentially REVENUE NEUTRAL. I haven’t argued that point. The sole point I have made is that it is illegal. I notice that you haven’t addressed that. Perhaps you will point out from the law how they have complied. The IRS did not of its own authority take possession of the IBT. The Federal Marshals were ordered to do so over three months ago by a Federal Judge after all appeals within the legal system had run out for IBT. As long as the appeals were proceeding, no action was taken. Does the IRS sometimes deal improperly with citizens? Yes. It makes me furious. They have dealt incorrectly with me. But, I followed the law and won.

hammer4nc wrote:
Right/wrong: From your post, I infer your agreement that there is SOME point at which civil disobedience is justified, on a moral level. (Correct me if I've assumed too much.) When to disobey a bad law. When to rebel. You may argue that until you are personally ordered by govt. to commit a heinous act, you must comply with lawful authority. I suspect that when that day comes, you would find a way to comply.


I respond:
You have correctly inferred that there is a point when an immoral order of a government must be disobeyed. You are incorrect in assuming that I would find a way to obey an immoral order. Never would I do so. When is the point of refusal to obey reached? As a Christian, I answer: “We must obey God, rather than man.” This means that if the order of the government is “legal”, in the sense that they followed established procedure to draft this law, and even if the law is “ethical”, in the sense that it conforms to community standards, that I must disobey a law that is “immoral”, that is, a law that would cause me to sin if I followed it.

hammer4nc wrote:
Others feel stongly enough about the erosion of liberty, and usurpations by our govt., that they can no longer fund these activities, participate in good conscience. While you blythely dismiss these fears as unfounded, remote, etc., for others they are important, real and present. IBT has suffered legal consequences, we can agree to disagree whether their actions are right or wrong. I think they are taking a courageous stand.

I respond:
I disagree with those who refuse to comply with the law on anything other than moral grounds. One must never sin against one’s conscience. However, one must also take great care to make certain that one’s position is tenable theologically if one happens to be a church. IBT has not done this. Their positions, for the most part, are contrary to Scripture, even thought they claim otherwise. I do not “blithely” dismiss their fears. You would do well to avoid such pejorative assertions. The fear that they would be ordered to preach certain doctrines is indeed “unfounded, remote”. If this belief was a precipitating factor in moving them toward their ultimate position, then that makes it all the more saddening. IBT’s actions were illegal, unethical, and immoral. Their stand is very courageous. I admire them for this. But it is just as foolish. I pity them for that. There is a very wise saying: “We’ll cross that bridge when we come to it.” They burned the bridge when the enemy was not even in sight.

Some might question why the Marshals waited three months before acting. One of the reasons they waited so long to take possession of the building is this: immediately after the order was given, upwards of 250 church members and friends stayed in the building around the clock. That could have easily developed into a nasty situation. By waiting three months, the big crowds had dwindled to a handful. Little chance for confrontation to develop.

Pax,

viator


[Edited by viator on 02-14-2001 at 07:44 PM]
 
I grant that the scheme concocted by the IBT was essentially REVENUE NEUTRAL. I haven’t argued that point. The sole point I have made is that it is illegal.

Interesting that the 1st Amendment was hugely suspended by a high-level court over an outcome-neutral disagreement regarding protocol. Says a lot about our gov't's priorities.
 
DC,

Thanks for reminding us that deadly force was an option. Really gives you pause when you think about it. Horiuchi probably wasn't far (if not in person, certainly in spirit).

JerryM,

I'll go out on a limb here and say that, almost assuredly, the IRS would want thier cut from me and my 3 friends passing the collection plate in my basement. If that's not the case, I stand corrected.

However, if I am allowed to collect $$ w/o tax liability by declaring myself a church, I'd like to invite you all to my new "Church of the Holy .357." Membership dues only $50/yr, coming soon to a range near you ;)
 
It's time to be simplistic.

This is wrong. We should never see ARMED FEDERAL drones using the threat of swift and deadly force to seize a church. A church. Not just a building, a church.

I am honestly surprised and dissapointed to see apologist statements being made on behalf of our beloved preatorian shepards who are quite willing to kill us if told to. Kill us over tax law. Destroy a Church over tax law.
 
Viator, can you explain to me why the fed.gov is willing to accept a check from my wife and I? As I stated before, I have three W-2 forms this year and she has six. Only one of her employers withheld federal income tax. Why are those elementary schools, colleges and restaurants not being siezed by federal agents?
Is the withholding requirement you alluded to limited to certain types of orgs, like churches?
 
Shin-Tao and others,
Since you don't accept the Biblical injunctions to obey the law, what should the law have done? Do you believe that the law has no authority over a church? Jerry
 
Originally posted by Viator:
Look up the law on who is a "minister." You will see that they broke the law there.

So what you are saying is that the government (through the law) determines who is and is not a minister in churches all across the land. Right? And you don't have the slightest problem with that? Sounds like governmental control to me. I know that it is the law, but that doesn't make it right.

One other thought: Where the hell is the ACLU in all of this?
 
JerryM,

For me personaly, the Bible has very little value of any kind. I am not religious.

But I respect the right of people to have religion. I also respect the rights of States to handle things within their own borders.

I do not respect the right of Federal troops to sweep down and seize a Church over the barrel of a 9mm SMG, over a tax conflict. A conflict over a corrupt and tyranical, leftist tax law. Sorry. It's bad, unconstitutional law being enfoced in a heavy-handed manner.
 
viator,

Let's all praise the govt. for not using ninjas, helo gunships, and cattle trailers...this time (wait for applause to die down).

Every govt. enforcement action, good and evil, is wrapped in legal rationale. Without challenge, very few of these policies change voluntarily. Quite the contrary, they are more often enhanced, or justified after the fact, to shore up power and control of the enforcing agency, even with court imprimatur. That's human nature, and, the basic reason for the bill of rights, IIRC. IBT is not trying to reform FICA tax witholding practice. They are objecting to govt. infringement on the constitution, freedom of speech and religion, intrusions into private education, FACILITATED by tax policy. Such arguments are disallowed, or given short shrift in tax court.

These administrative rules have precious little moral or ethical implications, when considered in a vacuum. To justify destruction of a church, based on a narrow legal reading of FICA witholding policy, while at the same time disregarding the constitutional issues raised, is missing the forest for the trees. OR intentional misdirection, and doesn't survive the reasonable-man test. Nice try, though.

[Edited by hammer4nc on 02-14-2001 at 03:49 PM]
 
Is your Church BATF/IRS approved??????

Better find out. Just ask David Koresh. Oh, that's right, you can't, HE'S DEAD!!!!!
 
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