The "Rules" under a Spendthrift Trust

As previously stated there are rules,

presumptions, and inferences of law revolving
around the type of trust created by the
Fourteenth Amendment.

Where does the concept of receiving benefits

come from? Not from the Social Security Act
itself, but from the philosophy behind spendthrift trusts. The
Social Security Act in itself does not convey the "right to
receive". The "right to receive" is conveyed under a Trust
Instrument. By your actions, you have "assigned"(57)

your property rights of natural born citizenship and all that go

with it to the United States Government, revoked the Express
Constitutional Trust, and gave the Government a "power of
appointment"(58)

when you proved that you were a United States citizen in order
to receive that Number. As you read the following you should
begin to recognize the "System".

A. Benefits--The "Right to Receive"

1. The Beneficiaries of a spendthrift or other support trust are

entitled to the benefits conferred in accordance with the terms
of the trust, express or "implied".......
2. The operation and effect of such trusts in respect to benefits
are GOVERNED BY RULES AND PRINCIPLES applying to
provisions for support, whether in wills, deeds, contracts,
declarations of trust, or other instruments.

Rules and Principles. 26 USC and 42 USC have plenty of rules

and principles.

3. Support and Spendthrift trusts are based on support

contracts, and being thus PURCHASE(59) FOR A
CONSIDERATION.(60)

You have probably stayed up at night trying to figure out how

the Uniform Commercial Code could apply to you and just
what it was that you purchased. You purchased your estate. I
believe the term "selling your soul to the devil" could fit in quite
nicely right now. At least in movies you get to recognize the
devil for what he really is before you purchase anything from
him. Let the buyer be ware.

4. The trustee under a spendthrift trust is often vested with

discretion to determine the occasion or amount of support
payment or other benefits or the occurrence of or compliance
with conditions entitling the beneficiary to a payment or to the
corpus of the estate.(61)

Does Voluntary Compliance come to mind? How about an

audit?

5. In the absence of anything in the trust declaration indicating

the amount of support benefit to which the beneficiary is
entitled under a spendthrift or other support trust, the amount
thereof is to be determined by the trustee in the light of the
station in life and mode of living of the trustor and the
beneficiary, the relation between them, the needs of the
beneficiary, the amount that the ordinary man would provide
for the support or home of the beneficiary, and other indicia of
what the trustor intended as a sufficient provision for the
support of the beneficiary.(62)

6. While COMPLIANCE WITH (63) or the occurrence of

conditions precedent(64) and conditions subsequent (65), is a
requisite to the RIGHT TO RECEIVE OR RETAIN (66) the
benefits of a spendthrift trust (67) ....

7. A beneficiary of a spend thrift or other support trust

generally is entitled to support or other benefit under the trust
irrespective of where he resides. (68)

Observe, in Number 2 above, that the provisions for support,

are governed by "Rules and Principles" in certain listed
instruments. Notice that "wills" are inclusive. My perception is
that it this very principle that makes the Fourteenth
Amendment an "Implied" Will (69)

(codicil) aspect of the Constitution; in other words, In order to

create a spendthrift trust for the incompetents, and make it
lawful, the 14th Amendment has to be viewed as a will
provision, because it provides charitable support for an
incompetent beneficiary. The amendment cannot be viewed as a
deed, contract, declaration of trust or other instrument, it must
be a will provision so that it can achieve the power it does. The
beneficiary obtains part of the estate but has no vested interest
in order to obtain it all. He or she stands as a purchaser. (70)

Your rights are not given to you by God, you have BOUGHT
them, and THAT is what makes the tax constitutional.

B. Overpayment of Benefits:

1. A beneficiary of a spendthrift trust has been required to

repay an overpayment to him out of the trust. (71)

2. Federal income taxes of the beneficiary of a spendthrift trust

are enforceable against his interest in the trust. (72)

Here we have the conditions of the spendthrift trust created for

you under the Fourteenth Amendment, and you thought
benefits were only bestowed upon you by the Social Security
Act; and that compliance was imposed upon you by Title 26.
Wrong! The Spendthrift Trust bestows the "Right to Receive"
benefits. . . "It" creates a liability upon you to pay back to the
Government the excess of benefits you have received, by way of
the income tax. The so called "benefits" you receive are based
upon your station in life, and gives you a "sufficient" provision
for your support. Bet you thought you were the one who
determined what was sufficient for your support?
________________________________________________-

Footnotes :

57. 6 Am Jur 2d Assignments '1, It is the act by which one

person transfers to another, or causes to vest in another, his
right of property or interest therein.... and may also be defined
an executory agreement or declaration of trust....; '9, Only
rights under a contract can be assigned...; '23, Most rights in
property are assignable...; '24, Generally, a vested interest in a
decedent's estate is assignable...;

58. 62 Am Jur 2d, Powers, '1 A power of appointment has been

defined as an authority enabling one person to dispose of the
interest which is vested in another. Also see: Cy Press, Power of
appointment and Revocation.

59. D "Purchase" has been defined as every mode of acquisition

of an estate known to the law, except that by which an heir on
the death of his ancestor becomes substituted in his place as
owner by operation of law. McCartee v Orphan Asylum Soc.
(NY) 9 Cow 437

60. 76 Am Jur 2d '179, Number 1,2, and 3 are in direct relation

to Title 42 USC and Title 26 USC.

61. 76 Am Jur 2d, Trusts, '182, This is in direct relationship to

Title 26 USC and the authority given to Internal Revenue
Service Agents.

62. 76 Am Jur 2d, Trusts, '184: This is in direct relation to Title

26 USC, and also shows that someone else (not you) has made a
determination as to what you are to be entitled to have based
upon YOUR STATION IN LIFE.

63. The "Voluntary Compliance" of the Income Tax.

64. Condition precedent makes solvency of the beneficiary a
condition precedent to receipt of his benefit under the trust.

65. The terms of a trust validly may provide for termination of

the trust if the beneficiary is insolvent.

66. Request for OMB Review SF 83 Re: Application for a Social

Security Number (SS-5), Section 205 (c)(2)(B) of the Social
Security Act...Shows: "REQUIRED TO OBTAIN OR RETAIN
A BENEFIT".

67. 76 Am Jur 2d, Trusts, '187 Conditions and compliance

therewith.

68. 26 CFR '1.1-1(b) Citizens or residents of the United States

liable to tax. In general, all citizens of the United States
WHEREVER RESIDENT, and all resident alien individuals
ARE LIABLE TO THE INCOME TAX. ; 76 Am Jur 2d, Trusts,
'188 Place of support.

69. Despite the fact that the Government does not have
testamentary powers, I am of the opinion that somewhere along
the line "they" interpreted it in that manner. The Constitution
may also have been probated unbeknownst to us.

70. . At common law land may be acquired only by descent or

by purchase. When a person takes as heir at law he does so by
descent, but when he acquires title by his own act or agreement
he is a purchaser. Thus, the term "purchaser" is applied in this
sense to a person who takes a title to land otherwise than by
descent, and irrespective of whether he has given consideration
for the conveyance. 23 Am jur 2d Descent and Distribution '3

71. . Corkery v Dorsey, 223 Mass 97, 111 NE 795.

This is the purpose for the 1040 Form. All that funny money
(Federal Reserve Notes) floating around represents the estate of
the spendthrift trust.

72. United States v Dallas Nat. Band (CA5 Tex) 152, conformed
to (DC Tex) 67 F Supp 573, revd on other grounds (CA5 Tex)
164 F2d 489