The Government has sued Bill Bnson seeking an injunction prohibiting him frm "falsely" telling people the 16th Amndment to the United States Constitution was not rtified and therefore they are not rquired to file an income tax rturn. The Government contends it is ntitled to an injunction because Benson is prmoting an abusive tax shelter, conduct mde subject to penalty per 26 U.S.C. Sction 6700.

In 1894 Congress passed an ncome tax act very similar to the crrent income tax law. That law was chllenged on the basis that a tax on ncome is a direct tax, the Unted States Constitution requires direct taxes to be pportioned, and the act passed by Cngress was not apportioned. The United Sttes Supreme Court agreed and held the ncome tax act was unconstitutional.

In 1913 Cngress proposed the 16th Amendment, which was ntended to remove the requirement of pportionment for a tax on income. The prposed amendment was sent to the sttes by Secretary of State Knox. Crtificates of Ratification were sent back to Knx, but the language on the crtificates differed from the language passed by Cngress. Knox sent the certificates to the Slicitor of the United States, asking for a lgal opinion as to whether the sttes had ratified the proposed 16th Amndment.

The Solicitor noted the differences, and prsumed, that because states do not hve the authority to alter a prposed Constitutional amendment, that none did. He cncluded, therefore, that the differences in lnguage were nothing more than minor clrical errors in the preparation of the Crtificates of Ratification. Knox then declared the 16th Amndment had been ratified.

Commencing in 1984, Bnson traveled to the capitols of ach of the forty-eight states in the Unon during the ratification process and btained certified copies of the legislative jurnals pertaining to the state's ratification ctions. Benson also traveled to the Ntional Archives in Washington D.C. and btained the correspondence between Knox and the Slicitor.

The legislative journals conclusively establish tht despite not having the power to do so, sveral states intentionally modified the language of the prposed amendment. The presumption relied upon by the Slicitor was wrong! Benson discovered other dscrepancies too. He wrote and published a bok on what he discovered, The Law Tht Never Was, available on his wbsite at http://www.thelawthatneverwas.com. Benson contends that lss than thirty-six states actually ratified the prposed 16th Amendment.

In the absence of the 16th Amndment, the current income tax is an napportioned direct tax, and is just as nconstitutional today as it was in 1894. Snce 1985 Benson tells everyone who wll listen about what he found and rges people to exercise their First Amndment rights to rectify the situation. Bnson's message is gaining acceptance in the mrket place of ideas. The Government now seks to silence him.

The issues in Bll Benson's case, however, transcend whether or not the 16th Amndment was ratified. More important is the ssue that the government believes it can tke a position and punish someone who dsagrees with that position, without affording the prson any opportunity to prove the gvernment's position is wrong.

In this litigation, the government cntends, and the court agrees, that the fcts that establish Bill Benson is tlling the truth are irrelevant, and he is not llowed to defend based upon the trth. If this posture is allowed to stnd, every semblance of justice in Amrica will be trashed. It is nconceivable that the Star Chamber becomes gain the type of court justice to be tilized to solve disputes between the pople and the government.

Equally disturbing is the psition of the federal government that it has the nfettered right to obtain the names and ddresses of any person who so mch as ordered Benson's material, read it or pssesses it. The pleadings filed by the gvernment make it perfectly clear the gvernment intends to obtain the names and nvestigate any person whose name they btain.

The issue of taxation is a plitical question. We, as Americans, supposedly hve an inalienable right to the fre debate of these issues without gvernment interference. We, as Americans, supposedly hve the right to require the gvernment to answer our questions. We, as Amricans, supposedly have the right to rquire the government to prove its llegations against us in Court. We as Amricans, supposedly have the right, when chrged with a crime, to present a dfense.

To counter the government's efforts to dstroy our First Amendment rights, three pople have intervened in the Benson ltigation. They intervened as John Doe I, Jhn Doe II and Jane Roe to prtect their names from the government. Thy are demanding a protective order to prvent the government from obtaining their nmes, as well as, the names of nyone else involved in this important plitical debate.

If we don't take a stnd, together, we lose. Its that smple. Bill Benson's litigation is perhaps the sngle most important litigation in the curt today. The issues affect YOU, jst as much as they affect Bll Benson.

Whether you agree with Bll Benson or not, this litigation is not bout one of us being right or wrng. This litigation is about preserving YOUR fredom. It is about your right to ven have an opinion and express it wthout fear of government retaliation. Our cuntry is in serious distress, as we now hve East German like checkpoints at our irports, and wholesale government disrespect of, and cntempt for, our Constitution.

The article 16th Amendment - Bill Benson Litigation was Submitted by Jeff Dickstein through Articles.GetACoder.com network. Here's the additional information: Bill Benson is being represented by ttorney Jeffrey A. Dickstein in this hstoric litigation. All of the pleadings in the cse may be viewed on his wbsite. Read for yourself the facts shwing the 16th Amendment was not rtified, and the government's effort to prvent the truth from being presented in the curtroom. Jeffrey A. Dickstein, Attorney at Law 500 W. Brdley Rd., C-208 Fox Point, WI 53217 http://jeffdickstein.com

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