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THE RALPH WINTERROWD SHOW

SUNDAY, JANUARY 10, 2010 - Hour 1
MP3 Files: Hour 1, Hour 2
Playlist Files: PLS M3U

Hrs 1-2 "Three items to test for all federal agencies: (1) are they mandated to file in the Federal Register - yes under APA and Fed. Reg. Act of 1935; and, (2) 7805 is merely an interpretative reg - must be additional statutory authorities after the table of contents (1 CFR 21.43(a)) - only place this is mandatory; and (3) must comply with 5 U.S.C. § 553(b)(c)(d) to become a "substantive regulation." NONE of the IRS regulations of Part pass these tests especially when 19 FR 5167 discloses same."

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Man, I tell you we are finally getting to the bottom of the abyss for the Administrative Legislation and the Administrative State. I had a [telephone] conversation with the number one Federal Register, Attorney, Amy Bunk this week. I also had one with her back in October of last year. I re-edited the one for October to shorten it. Then I was doing the one for this week, but its got so many thing in it, I did not get quite get finished with it. So I apologize. I will probably have that next week, I am going to go over it, but the first one [ phone conversation] I had in October I edited it down to 11 minutes.

The ball game is over for the Internal Revenue Service and Agencies. I went in to the UAA, the University of Alaska, Anchorage, and I copied it right out of the Federal Register publication and finally, with the help of Amy Bunk, attorney, for the Federal Register, I know what they did and I know how they did it. It is absolutely astounding! Shocking!

The IRS IS OPERATING WITH NO AUTHORITY -NO AUTHORITY!! ACCORDING TO THE ADMINISTRATIVE PROCEDURES ACT

That is what we will cover in this next two hours and this whole thing has application to all agencies without exception. The are all in bed together. It looks like we have a bunch of rogue agencies. Surprise! Surprise

BOY THIS HAS BEEN A GREAT WEEK!!!

I had been looking in Westlaw at the statutory authorities. I just never really understood exactly where those authorities showed up in the CFRs. After I talked to Amy Bunk again, this week that was the issue .....WHERE ARE THE STATUTORY AUTHORITY?

I researched in the FEDERAL REGISTER, all the way from 1939, to current. [I wanted] to absolutely nail down,so that there is no wiggle room, to find out if it is a statutory authority, which is contained in 553 of the Administrative Procedure Act, and where can I go to conclusively prove this.............yes or no.

There are really two big questions in the administrative legislation in the administrative state.

NO AGENCY can even contemplate promulgating any regulations that would rise to the second prong.....unless congress says go and do regulations. They can say you can go and create regulations to do this. There has to be some delegation - legislative power, an oxymoron statement but that's where we are! Did Congress tell the IRS to Create Regulations? *Note: It's in the IRS 6011, saying you have to do returns and it HAS to be by regulation

All these agencies, and even the Federal Register, which isn't even tied into the government, THEY put stuff in the Federal Register. Does that tell you what the heck is going on? That is unbelievable, they are not even tied into or part of the US government! Lots of bankers hired to rob, pillage and plunder.!!

So the first question is:

I) Do you have any STATUTORY AUTHORITY (IF YOU DO NOT THEN IT IS CONCLUSIVE THEN YOUR ARE ALL DOING NONSENSE!)

The general authority for the Internal Revenue Service to promulgate regulations, regardless of whatever (flavor) agency they be, is in 26 USC 7805. That is really important. You will see these regulations that the Internal Revenue Service we are talking about - the Internal Revenue Criminals now - their general statutory authority is under 7805. This is where they get their general authority to promulgate their regulations. The general authority for the IRS to do anything, their agency procedures, interpretive res is covered in 7805 and it says:

"EXCEPT WHERE SUCH AUTHORITY IS EXPRESSLY GIVEN BY THIS TITLE TO ANY PERSON OTHER THAN AN OFFICER AND EMPLOYEE
OF THE TREASURY DEPARTMENT, THE SECRETARY SHALL PERSCRIBE ALL LEGAL RULES AND REGULATIONS FOR THE ENFORCEMENT OF THIS
TITLE, INCLUDING ALL RULES AND REGULATIONS AS MAY BE NECESSARY BY REASON OF ANY ALTERATION OF LAW IN RELATION TO THE
INTERNAL REVENUE"

So the question becomes, what happens when I find a statutory authority to promulgate regulations and what does it really mean? Does it mean that I am hooked, you and I .... does it really mean that or does it not..... do we really have to do this?

NO!

A general authority, under a statutory to promulgate any regulation, is only the FIRST PRONG OF TWO (2) MANDATORY PRONGS NOT TO BE WAIVED!

Now we are going to get into this with the Real ID and some of the others once we get through all this. Statutory Authority means it covers EVERY THING that they do. Ex. An attorney gets an opinion that he wants to put out on Interpretive Regulations and you will get as many opinions as you have attorneys, and they are about as good as one vs the other.

So what does 7805 really mean? [SHOONRA LISTEN UP NOW!!!]

Probably the clearest, cleanest case is:

Granse vs UNITED STATES of America 892F supp 219 1995 (* note UNITED STATES is all CAPS of America is upper and lower case)

Implementing does not mean diddly-squat, by the way. As in the court finds the plaintiff IMPLIMENTING regulations argument without merit. Implementing means absolutely, positively NOTHING...ZERO, ZIP, NADA, it is not defined and it doesn't mean anything! What does mean something is what you find in the Federal Register Act and what you find in the Administrative Procedure Act. Those are Both STATUTORY. The ones you find published in the Federal Register by the Administrative Committee of the Federal Register they stand.

Continued..........