person

Section K:
TITLE 26 U.S.C., SECTION 7343
IN PART:
Part O: Title 26 U.S.C. Sec. 7343.
Part P: United States Code Congressional and Administrative News
Part Q: Sections derived from other sections.
Part Q(17): Section 7343 is derived from:
Part O:
Title 26 U.S.C. Sec. 7343.
TITLE 26, Subtitle F, CHAPTER 75, Subchapter D, Sec. 7343:
Sec. 7343. Definition of term "person"
The term "person" as used in this chapter includes an officer or employee of a corporation, or a
member or employee of a partnership, who as such officer, employee, or member is under a duty
to perform the act in respect of which the violation occurs.

Part P:
United States Code Congressional and Administrative News
~1: 83 rd Congress Second Session 1954 - Vol. 3 LEGISLATIVE HISTORY
INTERNAL REVENUE CODE - 1954
SUBTITLE F PROCEDURE AND ADMINISTRATION
CHAPTER 61BINFORMATION AND RETURNS
~13: § 7343. Definition of term "person"
This section continues in one place the provision now found in the various
criminal provisions of the existing Internal Revenue Code.
Part Q:
Sections derived from other sections.
~1: Title 26 U.S.C. (1986) Sections ~2: Derived from Sections the 1939
as follows below: Code as follow below:
(Derived from)
~1(s): 7343: ~2(s): 145(d), 894(b)(2)(D), 1718(d), 1821(a)(4),
2557(b)(8), 2707(d), 3228, 3710(c),
3793(b)(2).
Part Q(17):.Section 7343 is derived from:
~1: §7343 is derived from the 1939 Code sections as follows:
~2: 145(d): (d) CROSS REFERENCE .--
For penalties for failure to file information returns with respect to foreign
personal holding companies and foreign corporation, see section 340.
~3: 894(b)(2)(D): (D) The term "person" as used in this paragraphs (B) and (C) includes an
officer or employee of a corporation or a member or employee of a
partnership, who as such officer, employee, or member is under a duty to
perform the act in respect of which the violation occurs.
~3(a): § 894(b)(2)(D) are under ESTATES TAX.
~4: 1718(d): (d) The term "person" as used in this subsection includes an officer or
employee of a corporation or a member or employee of a partnership, who
as such officer, employee, or member is under a duty to perform the act in
respect of which the violation occurs.
~4(a): § 1718(d) are under ADMISSIONS AND DUES.
~5: 1821(a)(4): (4) The term "person" as used in this subsection includes an officer or
employee of a corporation or a member or employee of a partnership, who
as such officer, employee, or member is under a duty to perform the act in
respect of which the violation occurs.
~5(a): § 1821(a)(4) are under CHAPTER 11BDOCUMENTS, OTHER
INSTRUMENTS, AND PLAYING CARDS.
~6: 2557(b)(8): (8) The term "person" as used in paragraphs (2) (3) and (4) includes an
officer or employee of a corporation or a member or employee of a
partnership, who as such officer, employee, or member is under a duty to
perform the act in respect of which the violation occurs.
~6(a): § 2557(b)(8) are under CHAPTER 23BNARCOTICS.
~7: 2707(d): (d) The term "person" as used in this section includes an officer or
employee of a corporation, or a member or employee of a partnership, who
as such officer, employee, or member is under a duty to perform the act in
respect of which the violation occurs.
~7(a): § 2707(d) are under CHAPTER 25BFIREARMS.
~8: 3228: SEC. 3228. DEFINITIONS..(a) PERSON . The word "person" as used in this part and subchapter A orchapter 23 shall be construed to mean and include a partnership,
association, company, or corporation, as well as a natural person.
~8(a): § 3228 are under Part V Narcotics.

~9: 3710(c):(c) PERSON DEFINED . The term "person" as used in this section includes an
officer or employee of a corporation or a member or employee of a
partnership, who as such officer, employee, or member is under a duty to
perform the act in respect of which the violation occurs.

~9(a): § 3710(c) are under the authority of § 3690 of the 1939 code:
~9(b): § 3690: SEC. 3690. AUTHORITY TO DISTRAIN.
If any person liable to pay any taxes neglects or refuses to pay the
same within ten days after notice and demand, it shall be lawful for
the collector or his deputy to collect the said taxes, with such
interest and other additional amounts as are required by law, by
distraint and sale, in the manner provided in this subchapter, of the
goods, chattels, or effects, including stocks, securities, bank
accounts, and evidences of debt, of the person delinquent as
aforesaid.
~9(b)(1): "If any person liable" liable for what tax(es)?
~9(b)(2): "to pay any taxes neglects or refuses" pay what taxes?
~9(b)(3): "to pay the same within ten days after notice and demand," is the
"notice and demand" is a lawful demand?
~9(b)(4): "it shall be lawful for the collector or his deputy to collect the said
taxes, with such interest and other additional amounts as are
required by law, by distraint and sale," is it by a court order?
~9(b)(5): "in the manner provided in this subchapter, of the goods, chattels,
or effects, including stocks, securities, bank accounts, and
evidences of debt, of the person delinquent as aforesaid."

~10: 3793(b)(2): (2) PERSON DEFINED . The term "person" as used in this subsection includes
an officer or employee of a corporation or a member or employee of a
partnership, who as such officer, employee, or member is under a duty to
perform the act in respect of which the violation occurs.
~10(a): § 3793(b)(2) who "is under a duty to perform the act in respect" for the
corporation or partnership.

Rule of ejusdem generis, which holds that where general words follow enumeration of particular classes of persons or things, general words will be construed as applicable only to persons or things with same general nature or class as those enumerated, applies whether specific words follow general words in a statute or vise versa; in either event, general term or category is restricted to those things that are similar to those which are enumerated specifically.
People ex Rel. San Francisco Bay Conservation and Development Com'n v. Smith, 31 Cal.Rptr.2d. 488 (Cal.App. 1st 1994)

"Ejusdem generis" provides that where general words follow specific words in statutory enumeration, general words are construed to comprise only objects similar in nature to those enumerated by preceding specific words; likewise, where specific words follow general words in statutory enumeration, doctrine is equally applicable, and restricts application of general term to objects similar to specific
words.
Carriere v. Cominco Alaska, Inc., 823 F. Supp. 680. (D. Alaska 1993)

Principle of "ejusdem generis" provides that general statutory term should be understood in light of specific terms that surround it.
U.S. v. Parker, 30 F.3d. 542 (C.A. 5th Va. 1994)

Expressio unius est exclusio alterius.
The expression of one thing is the exclusion of another.
Bouvier’s Law Dictionary, 1856

It is important to remember that the accused be properly identified and that absent clear identification, it is somewhat impossible for the accused to be punished if they do not meet the discription of the party who allegedly did the deed.

Regarding laws, statutes, codes etc., law dictionary definitions are used primarily when these things are drafted. If one is unaware of the legal definitions of terms used, one may not understand exactly whom is regulated and make a mistake.

For example, the word "driver" has a legal and conventional or coloquial definition that means something entirely different. And this is also related to the context within which the word is used. The word driver as defined in law dictionaries is "One employeed...". Yet the majority of people believe this terms means anyone who sits behind the wheel and makes the car move. This couldn't be more wrong and results in people indavertently mis-classifying themselves as something they more than likely are not upon their discovery of just exactly what and whom are regulated by the DMV.

The one regulated and required by the Vehcile Code is labled a "person". Therfore if you do not meet the description of a "person" as used in the Vehicle Code, you can not be the subject of the regulations UNLESS you do what the DMV regulates. THEN and only then, will you be required to classify yourself as a "person". The discussion of what the DMV regulates will be found within the recent U.S. Supreme Court decision in the matter of Reno v Condon, handed down on January 12th of this year and found at:

It is most important to understand that the "person" regulated by the DMV may not be you.

Subject:   [Fwd: An offering from John Dunlap]
Date:   Wed, 19 Apr 2000 09:41:16 -0700
From:   "Richard James, McDonald" <richard@caprica.com>

When one is reading and trying to understand THE STATE OF CALIFORNIA VEHICLE CODE and one comes to the word person, how is the word person interpreted? There are 6 different listing on page 29, Ss470." " person" includes a natural person, firm, copartnership, association, limited liability company, or corporation."

1 Are all 6 listing separate, with separate subject matter jurisdictions?
2 Do all 6 listings cover the same jurisdiction under the codes?
3 If one is labeled a "person" does he than have the taxable status of a commercial corporation, firm etc? Are the words Man or Women different than the meaning of the word "person" in the codes? Is a "natural person" separate and distinct from the other 5 listings? When reading in different chapters within the codes, how does one make a separation, if any, when one comes to the word "person"? Isn't a natural person a human being, or is a "natural person" as defined in the codes just the corporate status of a human being under contract ?

(a) There has been an unprecedented growth in the number of administrative
regulations in recent years.
(b) The language of many regulations is frequently unclear and unnecessarily
complex, even when the complicated and technical nature of the subject matter is
taken into account. The language is often confusing to the persons who must
comply with the regulations.

Does the word person in the government code above stand for private men and women or corporations as found in the VEHICLE CODES. Does the word "person" above mean everyone "must comply" or just commercial entities in the business for profit only.

(d) The imposition of prescriptive standards upon private persons and entities
through regulations where the establishment of performance standards could
reasonably be expected to produce the same result has placed an unnecessary
burden on California citizens and discouraged innovation, research, and
development of improved means of achieving desirable social goals.

Does this mean that the prescriptive standards are commercial statutes not designed for private persons, or are "private persons" just private corporations, and not private men and women with constitutional immunities?

(e) There exists no central office in state government with the power and duty to
review regulations to ensure that they are written in a comprehensible manner, are
authorized by statute, and are consistent with other law

Does "other law" mean other statutes and codes, or does it mean the constitutions and common law? Even if there was a central office in government with the duties as said above, it would be corrupted in short order. This is a job for American Patriots who actually understand the constitutions!!!

(g) The complexity and lack of clarity in many regulations put small businesses,
which do not have the resources to hire experts to assist them, at a distinct
disadvantage.

What about private citizens, non-commercial men and women? The "lack of clarity" puts everybody at a disadvantage, is this lack of clarity the smoke and mirrors that is used to control private folks as commercial entities under all codes these days?

11344.9.
(a) Whenever the term "California Administrative Code" appears in law, official
legal paper, or legal publication, it means the "California Code of Regulations."

(b) Whenever the term "California Administrative Notice Register" appears in any
law, official legal paper, or legal publication, it means the "California Regulatory
Notice Register."

(c) Whenever the term "California Administrative Code Supplement" appears in
any law, official legal paper, or legal publication, it means the "California
Regulatory Code Supplement."

Black means white, administrative means REGULATORY, how does this comply with the plain English standards set within these very codes? Is this how administrative laws get to be general regulations for everyone?]

(d) "Performance standard" means a regulation that describes an objective with the
criteria stated for achieving the objective.
(e) "Plain English" means language that can be interpreted by a person who has no
more than an eighth grade level of proficiency in English.
(f) "Prescriptive standard" means a regulation that specifies the sole means of
compliance with a performance standard by specific actions, measurements, or
other quantifiable means.

11346. It is the purpose of this chapter to establish basic minimum procedural
requirements for the adoption, amendment, or repeal of administrative
regulations. Except as provided in Section 11346.1, the provisions of this chapter
are applicable to the exercise of any quasi-legislative power conferred by any statute heretofore or hereafter enacted but nothing in this chapter repeals or diminishes additional requirements
imposed……

Quasi legislative power, now there's a interesting subject, does this mean the agencies such as DMV have something akin to making laws/codes that apply generally to everyone, or must you apply for this statutory control? The government codes shown here must be complied with by DMV and all other government agencies/businesses, nothing is said about Men and Women/private state citizens.

Can someone with only an 8th grade education understand the CALIFORNIA VEHICLE CODES, or even these government codes that require clarity? The answer is NO, the DMV codes are designed to mix commercial law with private, and take away our immunities, liberties or rights under the constitutions! It's this confusion, this play on words that have turned America into the land of the FEE and the home of the bamboozled! The governments administrative regulatory agencies/big businesses run this country now, not even our top elected officials can stand up to them. They are IN THE BUSINESS TO PROFIT AND EXPAND.