Raleigh county resident, and WV Constitution Party Treasurer Gene Stalnaker strongly believes in the US Constitution. But, he feels that state officials are refusing to live up to the oath they swore to uphold. Stalnaker, like many other state residents, want the state to pay them in gold or silver coins, like the constitution instructs them to.
Stalnaker, a law abiding, hard working and taxpaying WV citizen has taken his request to state officials. What he has received in return is a tax audit by the state, and told by both Deputy Tax Commissioner Craig Griffith & Treasurer John Purdue that if he wants gold or silver, “go to a bank, cash your tax check and buy some gold & silver coins.”
In fact, Stalnaker says that Purdue’s office told him if he did not cash the state tax refund check by the dated deadline, they would turn over his money to the “Unclaimed Property” division. And we all know that if you don’t claim the money within a specific amount of time, the state can take it.
When he requested a face to face with tax man Chris Morris (pictured left), he was told by one staff member that “he does not make appointments with the public.” John Purdue agreed to meet with Stalnaker and other concerned citizens. Stalnaker noted that Purdue, and his deputy, Paul Hill, showed up late claiming he was in a meeting with the governor discussing the economy.
During their brief meeting, Stalnaker said he had prepared a written outline to Commissioner Purdue to better explain what he was wanting. He said about 30 seconds into Purdue reading the letter, the Commissioners “jaw dropped about 3 feet.” Then standing straight up, Purdue said “I can’t answer this.” Several days later, Stalnaker received a letter from an attorney with the state who informed him they would not comply with his request, and they only paid tax refunds by check, which, according to the state is legal tender.
Bottom line, WV does not have any gold or silver coins on hand, and has no plans to get any.
How This All Started …
Gene Stalnaker says that even before filing his tax return he attempted to contact the Tax office for a face to face meeting with the commissioner. That’s when he was told Morris did not accept appointments with the public. So, he prepared his tax return and took it to the Beckley office on April 11th, 2008 with Mel Kessler. He presented Tamara Saunders his tax papers and a letter explaining how he wanted to be paid in gold or silver coin as outlined in the US Constitution, Article 1, section 10 which actually states that:
“No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make anything but gold and silver coin as tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any…”
www.usconstitution.net/const.html#A1Sec10
Ms Saunders signed for the paperwork. Stalnaker waited patiently for someone to call him about his request of payment. After several weeks, he began making phone calls and claims he was only met with sarcasm from tax department employees who asked him “what do you want?” In fact, Stalnaker made notes of his June 10, 2008 conversation with Deborah Bertran in the tax office who reportedly told him “The Constitution was written a long time ago, we don’t pay that way.” She also told him that he was being difficult.
Later that same day is when Deputy Commissioner Griffith called Mr. Stalnaker and re-iterated the state’s stance that they would not be paying in gold or silver.
No one denies that Stalnaker has requested his tax return to be paid in gold or silver coins. In fact, they have scanned his letter into the states computer system at the tax department. At one point he says an assistant tax commissioner finally called him and asked, “What do you want us to do?” Stalnaker responded, “I want to be paid with lawful money.”
Since before his written and face to face meetings with state officials, Stalnaker has never budged from his beliefs. “It’s not about the money; I have a right as a citizen to be paid in gold or silver coins. It’s in the US Constitution.” And that is what he wants.
Ironically, his recent stance and beliefs earned him an audit of his tax return (and probably placed his name on some government watch list too). But, that audit turned up some interesting findings. Insomuch as it seems now the state owes him more then what he originally claimed on his tax forms. His last correspondence from state treasurer John Purdue (pictured left) was from chief counsel Diana Stout on October 14th, 2008. In the short context, she said the state is not going to honor his request.
His true belief in the US Constitution is evident as a member and treasurer of the WV Constitution Party. Stalnaker believes and practices his rights under the constitution. Their core beliefs are based from Christian character, to owning guns. They’re against illegal immigration, pornography and are for the sanctity of life. According to their website, “The Constitutions of the United States and West Virginia were ordained and established for ourselves and our posterity.” www.cpwv.org/platform.html
In closing, According to Gene Stalnaker, “my point is that these officials took an oath to uphold the constitution, which clearly says that the state is to only use gold & silver coin in payments of debts.”
Note: Democrats & Republicans who favor a limited federal government argue for the strict interpretation of the Constitution, arguing that the federal government was granted only those powers enumerated in the Constitution, and nothing not explicitly stated. This represents the “letter and spirit of the law” interpretation.
Some people also believe that intentionally following the letter of the law, but not the spirit, may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Following the letter of the law but not the spirit is also a tactic used against an oppressive government.
Members of the Constitution party state they love this state and country, it’s the people who are elected to run it who become engulfed in corruption, abuse of authority and or fail to follow the laws and rules set up to operate our state & federal government.
****But, with the value of the dollar and the economy in such a wreck, maybe being paid in gold & silver is a good idea?***
See original article by Sam Webber & Jack Swint at westvirginianews.blogspot.com.