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Today is
Sunday
August 01, 2010
03:02 AM

Mandatory volunteerism

President Teddy Roosevelt suggested the United States should “Speak softly and carry a big stick.” What did he mean by that? He meant he knew he was weak, and he thought he needed to pretend to be strong. Get down into the root of it and you will hear this respected president admit that the U.S. Federal government has limited power. It is weak, limited by the chains of the U.S. Constitution. Somebody with less than total power does not speak loudly. So, he spoke softly. However, he found ways to get what he wanted through the clever threat of force. Government has been copying his method ever since.


When the US State Department wants another nation to do something, can the Secretary of State expect the head of government of that nation to click his or her heels and snap to? Not really. The US Government has no authority over foreign governments. So how does the US government get other governments to do things “our way?” How about our fifty state governments? They are supposed to have their own authority separate from D.C. Why do they all bow to D.C.?


The question puzzles a lot of people. We know the Federal government seems always to get its way, but we have been taught that the constitution limits the power of our central government. What tool does Washington use to break the ropes that are supposed to tie its hands?


The tool is called mandatory volunteerism. The US Treasury puts a few hundred million dollars on the table, and foreign potentates along with state governors usually volunteer for anything. They know they must volunteer to do as they are told or they will lose privileges granted by Washington. Look what happened to Iraq if you want to see what happens when a nation fails to volunteer.
Government says, “Volunteer, or else!”


People who know how to think believe that when you have to do something, that means you have to do it, and when you have a choice, you can do it or not do it. They believe that when you are offered the chance to volunteer for a worthy cause that means you can take a look at the project and if you are interested in helping, you help. If not, you don't. It seems so simple.


However, when it comes to government, volunteering is complicated. Those weak, powerless people who work for government sometimes have trouble getting people to do things for them. They know their power is limited, that the US Constitution keeps them from having absolute authority over people. That has been a problem for people working for the US government for a long time.


If you work for government and you need to get something done, how do you get people to cooperate?
Government says, “Volunteer, or else!”


If you command fighter pilots at war, you get your flight surgeon to prescribe a pill that will enhance the pilots' ability to stay sharp, to make sure he will not fall asleep and crash his valuable jet into a mountain. That surgeon will put a contract in front of the pilot. It will describe the evil side effects of the pill. Then, it will tell the pilot he has the right to refuse the pill. He can volunteer out. That seems fair enough. Forget the fact that if the pilot gets hooked on that otherwise illegal drug, his life will be ruined. But let's say the pilot refuses the pill. What happens then? He does not fly his mission. If he does not fly his mission what happens? He is court martialled, and he will probably spend time in the brig. He is mandated to volunteer.
Government says, “Volunteer, or else!”


Go back to when that pilot might have been drafted by Selective Service. Do we have a requirement in the US Constitution that nobody can be placed under involuntary servitude? Yes, we do. So, when the new recruit is called with his buddies to be inducted into the service, they are lined up. They are given a pep talk, and they are asked to take one step forward. That step forward is their voluntary act that makes the draft legal. They are mandated to volunteer.
Government says, “Volunteer, or else!”


For decades the booklet taxpayers received with their 1040 forms explained that our personal income tax system is “voluntary.” Try not filing, though. Unless you are very careful you will find that you are mandated to volunteer.
Government says, “Volunteer, or else!”


Get into an IRS audit: the tar baby of all legal headaches. If the three year statute of limitations will soon expire, what will the auditor ask you to do? He or she will put before you a formal paper that says you do not have to waive time, but they would appreciate it if you would. It is voluntary. Tell them you are ready to write a check immediately for a deficiency if the result of the audit makes sense. What will they do? They will construe your bookkeeping backward. If you are on a cash basis, they will place you into accrual. They will find every tool available to them to charge you the highest unfair amount they can, and then they will within ten days place you in collection if you refuse to accept their unfair assessment. You are mandated to volunteer.
Government says, “Volunteer, or else!”


So, you hire an attorney and tell the attorney he is to try to get you out of the collection stage of the audit and back into “administrative remedies” so you can correct the errors made by the auditors. He tells the supervising office of the IRS that he is sure he can get you to waive time if they will only rescind the assessment. They send the taxpayer the rescission document in one envelope. In a separate envelope they send the taxpayer the “voluntary offer to waive time.” From the point of view of your attorney it is okay to be mandated to volunteer. He has long ago forgotten about the Constitutional guarantee stating we are not bound to servitude.
Government says, “Volunteer, or else!”


What does the IRS office do when they see that the taxpayer has accepted the rescission of the assessment but that the taxpayer has not volunteered to waive time? Stay tuned. I am that taxpayer. We shall see.


Meanwhile, our attorney is having a fit because we refuse to waive time. It is not necessary. Time does not expire for another six months. Why agree to stretch out something that can be settled in a week?.


When government says, “Volunteer, or else!” what should you do? That depends. If you take seriously your respect for government, your honor for the U.S. Constitution and your trust in your ability to think clearly, you will volunteer if you agree with the concept set before you – but you will refuse to volunteer if logic demands.


In the IRS audit case embroiling our personal lives for the past three months we have continually told the IRS we will waive time if they give us a valid reason to waive time. When we are willing to pay an accurate and fair assessment NOW – what rational person would believe an extension of time is necessary?


If time is not the issue, what IS the issue? The issue is
Government says, “Volunteer, or else!”


If the government puts you in a situation like this, ask the government agent to admit in writing that the agency is not telling you the truth when they say you can volunteer or not. Get them to admit that they are using a devious method to violate the authority of the U.S. Constitution, to add to their limited powers. If our government is not bound by the U.S. Constitution, why do they set up false threat-structures to get more power than the Constitution gives them? Why do they insist upon telling us “Volunteer, or else!”
Most important, when someone tries to force you to volunteer, recognize that the reason is that he or she is weak, incapable of doing a job without threatening to use force.


By Richard Palmquist
March 20, 2006