Professional Documents
Culture Documents
O.I.D
CLASS
By
Don Kilam
THIS IS NOT LEGAL ADVICE OR TAX ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH THIS IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. ALL RIGHTS ARE RESERVED
THIS IS HOW YOU GET TRUE REMEDY!
What is this 1099-OID?
The 1099 is for reporting gambling proceeds won or lost at casinos. When we
look at the Federal Reserve Note we find that is a promise to pay, but it is not
payment, but is a future event, and a future event that has not happened yet
amounts to speculation whether or not the promise to pay would actually occur.
Thus the use of Federal Reserve Notes themselves are gambling proceeds and
thereby a Suspicious Activity reportable on 1099-OID and other means of
reporting. Thus whoever is getting a paycheck in US dollars is receiving an
ISSUE that is reportable on 1099-OID, because; the Federal Reserve Note
otherwise referred to as US dollars are evidence of speculation on a future event,
(promise to pay), that is gambling on the future event, as one does not know if
that promise to pay will return to the source or not. It seems that it will not
return to the “Source” unless it is reported on Federal Tax Form 1099 to enable
the ISSUE to enter the Electronic Circuit in a journey to the “SOURCE”.
Without entry therein it is doubtful that the promise to pay can occur. (The Tax
Return).
So it seems that wherever a check is issued, is the “ISSUE” reportable on 1099-
OID; or, where a cash item in a Federal Reserve Note is given and/or received,
or a bond or other type security given in commercial paper that is payable in
Federal Reserve Notes or US dollars, is the gambling proceeds reportable on
1099-OID.
The 1099 OID filing instructions refer to the “ISSUE” as the reportable item,
and that is the check at the source that has not yet returned to the source. It can’t
return to the source until it enters the closed circuit via the Federal Tax Form
1099 in its journey back to the “source”. One could say that the first issue, the
check, being the “Source”, is the venue, and after filing 1099 on that issue, the
item returning to the “source” I suppose the difference in the Source of issue and
the item returning to source, (a tax), is the returning item, is charged
electronically and travels in a CLOSED circuit back to the source for settlement
in exchange!
When you receive a bill for a product you have used, and there was no check,
therewith, for you to pay the bill, the amount of that bill is Withholding and is a
Federal Withholding in possession of the person who gave you the bill without a
check to pay it. Thus, the action for settlement is to report a tax liability assessed
in a 1040 tax return, and tax the same as income tax on a 1099-OID filed,
therewith. It is the IRS, then, who will tell the bill collector that the amount of
the bill is a Federal Withholding. (the withholding in the bill is the amount of
Federal Withholding admitted in the bill). The bill is evidence of that amount
withheld, and without a check or money order to accompany the bill sent to you,
the absence of the check or money order is the admission of Withholding for
that amount.
So, there you have the reason to tell the bill collector the amount billed to you is
a Federal Withholding, withheld by the sender of the bill, and is cause to assess
the same on 1040 and [to] tax the assessment on a 1099-OID, therewith, for
settlement and closing in exchange Treasury Direct #(SSN-yours)
What is said above should be all you need to take care of your bills. When you
get the bill that did not include a check for you to pay [that] bill, that should be
sufficient information for you to report the same on a 1040 and 1099-OID
without any further correspondence. (the bill was given for the cost of a product
your personal credit was used to create…by assuming the use [of the ghost
account]. The 1040 is the assessment of that taxable income debt and the 1099-
OID is the Tax Return to the source of your credit for settlement and closing in
exchange Treasury Direct #(SSN-yours).
So, it is the tax refund that is the remedy and that makes the action in Court
unnecessary. I suppose it could be made a Court of Record by putting copies of
the 1040/1099 into the court record, but it is the IRS Forms 1040/1099 that
makes an Administrative Court the Court of Record with a remedy. The
Administrative Court is that of the IRS. That is what the tax court record will
consist of, and that is probably the only Article III Court of Record bound with
Revenue in the New Venue.
The Bill gives information that makes it obvious the actual payment is withheld,
so it is that Withholding that is your taxable income! The requests for the billing
agency to file 1099-OID on the issue(s) seems to be alright, but so far the
requests have been met with silence and that silence is taken as a Refusal and
Dishonor and therefore cause to go ahead and file both the 1040 and the 1099-
OID. The tax assessment (1040) can be done on receipt of the bill…when the
bill did not include a check, therewith, to enable you to pay the amount due. The
fact exists that the funds have been Withheld from you, expressed in the bill,
because it requests you to pay those absent funds. Obviously, they have been
Withheld and the Withholding is Federal
because of the Public Policy HJR-192. So, I think the funds can be reported as a
Federal Withholding in possession of the named recipient on the 1099-OID.
It is your credit they use to pre-pay any plan to use the agency services. So, you
might ask for the plan to use their services, and provide you the papers to file
Federal Tax Form 1099-OID on the issues, to enable you to pre-pay the
available services used to make settlement for closing in exchange Treasury
Direct #(SSN-yours).
Request the plan to enable us to use their services pre-paid. That will require the
use of 1099-OID. Maybe, when one gets a bill from a company or agency one
can accept the bill and return it asking for the plan to enable him to make
settlement by set-off or report the item/issue as taxable income and request your
tax refund from IRS in tax recovery.
During your lifetime you have probably NOT had the Secretary of the Treasury
/ IRS ‘paying’ / discharging your debts for you or adjusting the [your] account
according to HJR192.
You, like most people, have been giving your equity away (paying your bills) in
the form of Federal Reserve Notes that you acquired through your labor.
You had the pre-paid account available but didn’t know it existed, or didn’t
know how to use it, and the net result is you have been paying for ‘stuff’ the
company should have been “paying” for all along.
Its time to fill out an “expense report” (a Form 1099-OID) and sending it to the
payroll clerk to be reimbursed for the ‘stuff’ you paid for that the company was
supposed to pay for.
Remember that all men/women issue (originate) from the ground? They are
God’s creation and therefore all labor that originates from them is also
considered ‘original issue’.
Since we eventually return to the ground - all labor also needs to be returned
to the source of the labor, and that would be to the man/woman who created
products and services from his/her labor.
The 1099-OID is basically an expense report that needs to be submitted to ‘the
company’ via the ‘payroll clerk’ to be reimbursed for purchases you made that
the company should have paid for in the first place. Just like an expense report
you need to attach the receipts (only in the event of and IRS audit) to the 1099
for proper accounting by the ‘payroll clerk’.
So let's review:
When you were born your parents entered a contract with the government /
‘the company’ that was bankrupt and you essentially went to work part time for
them, to help pay off the debt the ‘company’ had incurred.
The instrument that was used was the “Application for Live Birth
Certificate” and it became a binding contract. It also became a pledge to / for the
‘company’ and security they use to ‘pay’ the debt the ‘company’ has with the
bankers.
One can redeem and regain control of the [birth certificate] instrument by
filing a UCC-1 Financing Statement with the Secretary of State in one’s state
and listing the birth certificate as [your] ‘property’, or collateral.
By filling out the Form SS-5 “Application for Social Security Benefits” we
entered into another contract that allowed the ‘company’ to access the [our]
prepaid account that was created with the passage of House Joint Resolution
(HJR) 192. (learn about this resolution) the SS-5 can be revoked and the contract
rescinded by simply filling out an Form SS521 “Withdrawal of Social Security
Benefits”.
By creating a bond and sending it with a copy of one’s duly filed UCC-1 to
the Secretary of the Treasury one can then access the prepaid account that was
created and begin to discharge any debt incurred from that point forward.
Please be aware that this is an ongoing learning process. If there is
something you don’t understand DO NOT DO THESE PROCEDURES. Get
some help from someone who has done this. As one may suspect, this website
doesn’t cover everything needed.
Let’s review who the IRS really is… the IRS is the accounting and collection
division of the International Monetary Fund (IMF), the bankers, who the
company owes money to.
They are the ones who enforce and oversee the bankruptcy of the ‘company’.
They are really not your enemy… they are only doing what they were hired to
do, and that is to keep track of the bankruptcy of the company. It is imperative
we learn how to use them to our advantage as they can be a tremendous resource
for us.
The Secretary of the Treasury is like the payroll clerk at ‘most any company you
may work for. He acts in a dual capacity as both “payroll clerk” and receiver in
the bankruptcy for the bankers.
With additional documents and letters not covered in this presentation one can
call upon the Secretary, or the IRS, to adjust the accounts and “pay” the bills,
taxes, and the like, that we have accumulated over time and have the debt
incurred “paid off” using the pre-paid account that is waiting for us to use.
Now the question you may have is - "So all I have to do is accept the bill for
the value I gave it when my labor was pledged and send it back to the party who
sent the bill and they forward it to the Secretary of the Treasury and he will use
my prepaid account to settle and close the account/debt?"
You got it. That’s basically how it works. We call upon the Secretary to do what
he was hired to do and that is to make adjustments to the [our] account - to set it
to zero when we incur, in the normal course of doing business (i.e.; living),
things like:
Car payments,
credit cards,
utilities, taxes, etc
YES all of them!
One must acquire a “certified copy” of one’s birth certificate from the keeper of
the records in your state, usually the department of vital records, and do what is
called an “accepted for value”.
Stamp Specimen
“Accept for value” the birth certificate and create a “bond” ( an insurance policy
guaranteeing we won’t harm anyone) and send them both with a copy of the
UCC-1 financing statement, proving our security interest in the birth certificate,
and send it all to the ‘payroll clerk’ of the company, also known as “the
Secretary of the Treasury.”
We need to let him know that we want use our pre-paid account. Think about it -
it is the same as asking him to pay for the expenses we have incurred on an
“expense report” while being employed with the ‘company’.
“Check book money” - by getting you to accept the liability they are sending
you, and get you to “pay” the bill with “money of exchange” (Federal Reserve
Notes) or the equity you created, i.e. money that was created as a result of your
labor!
In commerce - whoever creates a liability MUST bring in the remedy as well. If
the sender doesn’t send the funds to ‘pay’ the bill you must accept the bill for
the value you gave it when you were born and use your exemption / prepaid
account to off set the debt the sender is creating.
So, it is your choice whether to “set off” the debt with your pre-paid account by
accepting the bill for value and sending the bill to the “Paymaster”, i.e.; the
Secretary of the Treasury, or IRS for adjustment, OR give them the equity from
your labor, i.e., Federal Reserve Notes.
So what do you do? - You accept the bill for value and send it to the “payroll
clerk”…
They want access to that prepaid account, and the only way they can is if they
offer some type of benefit that you [albeit unwittingly] accept, also known as,
the social security insurance program.
The creation of the social security account created what is known as a “cestui-
que trust account.”
There is no real substance or “money of exchange” like gold and silver- only
accounting-adjustments and set offs. They agreed to do this for you, with the
passage of House Joint Resolution (HJR) 192 back in 1933. SWEET! Sign me
up for that program! Truth is, you already ARE -- its just that no one told you
about it, UNTIL NOW!
Like all good companies, they offer to their “employees” insurance benefits.
They offer insurance to us if we would fill out a Form SS-5 also known as an
“Application for Social Security Benefits”. This all originated from the “Shepard
Towners Maternity act” which was to help new mothers with the care of their
children if the mother was unwed. (this is why they ask for the maiden name of
the mother on the “application for live birth certificate”. We are all considered
to be “bastard children” with the ‘company’ as our ‘daddy’.)
The SS-5 is really a power of attorney for the company who issued the
insurance benefit to the real man. Power of attorney was given to the
corporation, [a/k/a] the government. When they established the new account
they styled the name [TITLE] in ALL CAPS [JOHN HENRY DOE] which is
really a corporation. It is the name/ title of a corporation. The Social Security
Number (SSN) is [prima facie] evidence that there is an insurance policy. The
benefits that one receives include the privilege of an army, navy, police, fire
protection, courts, jails, prisons, etc.
When we filled out the Form SS-5 we ‘allowed’ the ‘company’ access to our
account, our check book as it were, the pre-paid account that was set-up when
our birth certificate issued. We gave them permission as signers to write checks
on our account, and they do all the time. Keep in mind, this is the same account
the bankers fractionalized and created huge, almost unlimited sums of “money”,
and we became ‘co-business partners’, with the ‘company’. They are able
to access and use our pre-paid account, for whatever they deem necessary.
In order to understand what this is, we need to go way back and discuss how you
are seen in the eyes of the government:
When you were born your parents applied for a certification / citizenship / part
time* job… with the [THE] “United States” which is a corporation / company.
* “part time” because your full time job is you are working for YOU!!! Your
full time job you receive money of exchange, because you are exchanging your
labor for other products and services of equal value. There is no real gain ,
therefore no income, therefore no income tax.
The application they made was known as “an application for a live birth
certificate” and what issued from this application was known as a “birth
certificate”
The ‘company’, the “United States” kept the original application and gave your
parents a copy of a birth certificate. This created what is known as a “foreign
situs trust account”.
Big, big problems though… when you were born you in essence went to ‘work’
for the ‘company’.
Problem is, the ‘company’ you went to work for could not pay back the loans
they had with the bank and the company had to go into bankruptcy in 1933,
therefore they had no way to pay you… furthermore, the company came to
your parents and asked to borrow your assets, and your parents [unwittingly]
obliged, thus making you one of the companies’ creditors.
The ‘company’ then took the application and pledged your future labor as a
guarantee for payment to the bankers, also known as the International Monetary
Fund (IMF). The bankers gave the company a credit for your application against
the amount that the company owed the bankers, which at the time of your birth,
was worth close to 1 million dollars. This transaction is what is referred to as a
“money of account” transaction, as no real money changed hands. It was simply
an accounting entry against the debt owed to the bankers, by the company.
The bankers then took the [your] application, and used fractional banking
lending. It is the birth certificate that is proof that an application was
submitted. It is the application that is the real negotiable instrument and the
birth certificate proves there is a negotiable instrument being used in commerce
-- to borrow money.
Fractional Banking - For those that don't know, is the bank's ability to loan out
nine times what has been deposited. Therefore, if you deposit $100 in your bank,
the bank can the loan out $900 to other people, or even yourself, and collect the
interest on it.
If a [your] birth certificate is worth, say, 1 million, the bank can loan that same 1
million out as many as 9 times, thus making the [your] birth certificate worth 9
million; and it keeps going, going and going. A [your] birth certificate, has
almost unlimited value associated with it.
I'm sure at this point you may be thinking this sounds almost like when you
bought a car... You got it … look at a [your] birth certificate and notice that it
reads just like a title to a car; weight so many pounds… date of delivery…
parties involved…certain size length… hey, now they will even get a foot print
to prove it is you.
Think about it… what does the bank do when you borrow money on a car? They
keep the “title” for “safe keeping” until the debt is paid.
Once the debt is paid, they release the title back to the original owner. For now,
you get the use of the car, until the debt is paid.
We must remember the “title” to the car IS NOT the car!
They took the “title” to your body, the birth certificate and borrowed money
against it. That is exactly what a birth certificate is, A TITLE.
Remember, You are NOT the title. You are you,
A Flesh and blood man or woman, not so much ink on paper.
Since you are the only one who gives “value” to the birth certificate because of
your labor,
you are the only one who can go to the ‘bank’ and redeem and regain control of
the [your] birth certificate.
Just like the car. The car gives value to the title to the car. You give value to the
title, the [your] birth certificate. Without you, the birth certificate is worthless.
Right now, even though they have no legal right or claim or lien, the bankers
control your “title” / birth certificate.
http://stopthepirates.blogspot.com/2012/06/what-is-this-1099-oid.html SOURCE FOR ABOVE
"Foreign persons who provide Form W–8BEN, Form W–8ECI, or Form W–8EXP (or applicable documentary evidence) are exempt from backup
withholding and Form 1099 reporting."
[IRS Publication 515, year 2000, p. 3]
Here is another example off the IRS website, that shows that nonresident aliens not engaged in a "trade or business" (which is defined in 26 U.S.C.
§7701(a)(26) as "the functions of a public office" in the United States government) are exempt from 1099 reporting:
What is the difference between a Form W-2 and a Form 1099-MISC? A Form 1099-MISC is used to report payments made in the course of a trade
or business to another person or business who is not an employee.
[SOURCE: IRS Website, http://www.irs.gov/faqs/faq12.html]
"The term 'trade or business' includes the performance of the functions of a public office."
Public office
“Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v.
Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When
certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim,
if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded.”
[Black’s Law Dictionary, Sixth Edition, page 581]
"When a statute includes an explicit definition, we must follow that definition, even if it varies from that term's ordinary meaning. Meese v. Keene, 481
U.S. 465, 484-485 (1987) ("It is axiomatic that the statutory definition of the term excludes unstated meanings of that term"); Colautti v. Franklin, 439 U.S. at 392-
393, n. 10 ("As a rule, `a definition which declares what a term "means" . . . excludes any meaning that is not stated'"); Western Union Telegraph Co. v. Lenroot, 323
U.S. 490, 502 (1945); Fox v. Standard Oil Co. of N.J., 294 U.S. 87, 95-96 (1935) (Cardozo, J.); see also 2A N. Singer, Sutherland on Statutes and Statutory
Construction § 47.07, p. 152, and n. 10 (5th ed. 1992) (collecting cases). That is to say, the statute, read "as a whole," post at 998 [530 U.S. 943] (THOMAS, J.,
dissenting), leads the reader to a definition. That definition does not include the Attorney General's restriction -- "the child up to the head." Its words, "substantial
portion," indicate the contrary."
[Stenberg v. Carhart, 530 U.S. 914 (2000)]
The requirement for Information Returns, including the IRS form 1099, originates from Internal Revenue Code section 6041, which says under
paragraph (a) that all payments of over $600 that are made in connection with a "trade or business" must have Information Returns filed on them. To
wit:
TITLE 26 > Subtitle F > CHAPTER 61 > Subchapter A > PART III > Subpart B > § 6041
§ 6041. Information at source
All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages,
premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section
6042 (a)(1), 6044 (a)(1), 6047 (e), 6049 (a), or 6050N (a) applies, and other than payments with respect to which a statement is required under the authority of
section 6042 (a)(2), 6044 (a)(2), or 6045), of $600 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees
of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render
a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the
Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment.
It is quite common for financial institutions and private companies to misapply the state and federal revenue "codes", and especially the provision
above. Notice we didn't says "laws" (OFFSITE LINK), because the Internal Revenue Code (OFFSITE LINK) Subtitle A, not being enacted
into positive law (OFFSITE LINK) , can only be "private law" that attaches to the individual through explicit consent. Instead, it is only "a decree
under legislative forms" [tyranny, in fact] as the Supreme Court describes it below. Neither does the Internal Revenue Code Subtitle A describe a
lawful "tax" (OFFSITE LINK) in most cases either, except where the individual has given consent by choosing to involve in excise taxable activity
called a "trade or business". Instead, it is a "bible" that describes a state-sponsored religion, not a public law:
"To lay, with one hand, the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid
private enterprises and build up private fortunes, is none the less a robbery because it is done under the forms of law and is called taxation. This
is not legislation [law]. It is a decree under legislative forms.
Nor is it taxation. ‘A tax,’ says Webster’s Dictionary, ‘is a rate or sum of money assessed on the person or property of a citizen by
government for the use of the nation or State.’ ‘Taxes are burdens or charges imposed by the Legislature upon persons or property to
raise money for public purposes.’ Cooley, Const. Lim., 479."
[ Loan Association v. Topeka, 20 Wall. 655 (1874) (OFFSITE LINK)]
Violation of the revenue codes by financial institutions and private companies happens mainly because the IRS has illegally harassed, terrorized,
and threatened them usually verbally when they insist on following the revenue statutes exactly as written or when they insist that such statutes
have no jurisdiction over them. In effect, the IRS and state revenue agencies and a colluding and compromised federal judiciary (OFFSITE
LINK) (see also Chapter 6, sections 6.9 through 6.9.12 of the free Great IRS Hoax, Form #11.302 (OFFSITE LINK) book, which proves they are
compromised) have made it risky and very confrontational to follow the revenue statutes exactly as written and have done so completely without
any lawful or delegated authority to do so. This has been done mainly using what is called "judge-made law" (OFFSITE LINK) , and Congress has
looked the other way on this scandal because they want it to happen and it benefits them hugely, to the tune of over a Trillion extorted dollars a year,
to let it continue. As a consequence, these institutions attempt to transfer the inherent risks to their workers so that they don't have to deal with them
and can focus on the more important aspects of maintaining their businesses and their profitability. The most important result of this abuse and
illegal extortion directed at these institutions by the IRS is the misreporting of earnings on financial accounts reported on 1099 forms and earnings
from labor reported on the W-2 form. These types of filings are called "Information Returns" by the IRS. If you do not take the responsibility to
promptly correct these erroneous Information Returns with the IRS and state taxing authorities, then these agencies will automatically make the
following usually false and completely illegal presumptions, and in the process, violate your due process rights (OFFSITE LINK) under the
Constitution:
1. That you have income "effectively connected with a trade or business" (OFFSITE LINK) , which is defined in 26 U.S.C. §7701(a)(26) (OFFSITE LINK) as
"the functions of a public office" in the United States government. The 1099 form instructions, in fact, say that the form is ONLY for use in connection with
a "trade or business". Here is what they say:
"Trade or business reporting only. Report on Form 1099-MISC only when payments are mad in the course of your trade or business. Personal payments
are not reportable. You are engaged in a trade or business if you operate for gain or profit. However, nonprofit organizations are considered to be engaged
in a trade or business and are subject to these reporting requirements. Nonprofit organizations subject to these reporting requirements include trusts of
qualified pension or profit-sharing plans of employers, certain organizations exempt from tax under section 501(c) or (d), and farmers' cooperatives that are
exempt from tax under section 521. Payments by federal, state, or local government agencies are also reportable."
[SOURCE: https://famguardian.org/TaxFreedom/Forms/IRS/IRSForm1099Inst.pdf (OFFSITE LINK)]
IRS Publication 583 entitled Starting a Business and Keeping Records, Rev. May 2002, p. 8
"Form 1099-MISC. Use Form 1099-MISC, Miscellaneous Income, to report certain payments you make in your trade or business. These payments include
the following..."
[SOURCE: https://famguardian.org/TaxFreedom/Forms/IRS/IRSPub583.pdf (OFFSITE LINK) ]
2. That you have a Social Security Number, which means you are a federal "employee" and also are exercising agency of a federal entity that has a
domicile in the District of Columbia. Therefore, in the context of anything in which the number is used, you are presumed to be representing a federal
corporation called the "United States" which has a domicile in the District of Columbia, which becomes your domicile as well pursuant
to Fed.Rul.Civ.Proc. 17(b). See 20 C.F.R. §422.104, which describes who may be issued a Social Security Number. This regulation is under CFR Title
20, which is entitled "Employee benefits", and the only type of "employee" they can legislate for are federal employees. Click here for more details.
3. That because there is an identifying number on the 1099, that you consented for it to be treated as a "Taxpayer Identification Number" (OFFSITE LINK)
. The only kind of number the IRS is authorized to use by law are Taxpayer Identification Numbers, and the Treasury Department readily admits in its
regulations at 26 C.F.R. 301.6109-1(d)(3) that a Social Security Number is NOT a "Taxpayer Identification Number" (OFFSITE LINK).
4. That because you consented to have a "Taxpayer Identification Number" (OFFSITE LINK), that you must be a "Taxpayer" (OFFSITE LINK)
5. That because you supplied any kind of identifying number, you must be a "U.S. person" (OFFSITE LINK) . 26 C.F.R. §301.6109-1 says that only "U.S.
persons" can be required to provide identifying numbers. A "U.S. person" is defined in 26 U.S.C. §7701(a)(30) (OFFSITE LINK) as either a "citizen" (a
person born anywhere in the country and domiciled in the District of Columbia or a federal territory) or a "resident" (an "alien" domiciled in the District of
Columbia or a federal territory).
6. That because the earnings were reported on a federal form, then you must reside on federal territory and within federal jurisdiction, because you wouldn't
fill out the form to begin with if you weren't subject to federal jurisdiction. The fact that you didn't rebut false information returns filed against you is
evidence that you agree they are TRUE.
If you do not rebut the above false government presumptions which you encouraged on government forms you signed under penalty of perjury, then
your rights will be prejudiced and the government will mercilessly harass you, even if you never explicitly consented, to collect what they think are
lawful "taxes" on these earnings, even though such earnings were earned entirely outside of their jurisdiction and do not satisfy the definition of
"gross income" (OFFSITE LINK) under the Internal Revenue Code. Click here for details on why your silence equates with consent. This article
will show you how to prepare a corrected IRS form 1099 so that you can effectively zero out these false and unauthorized reports of taxable "gross
income", (OFFSITE LINK) and negate all the above false government presumptions that you do not consent to. If you do not rebut them, then you
will be presumed to agree with them by default. After they have been rebutted, the government will be left with no legally admissible or reliable
evidence upon which to base any kind of assessment. Without the power of assessment, there is nothing to collect. Without the ability to collect,
the law requires that they must LEAVE YOU ALONE.
The U.S. Government Accounting Office (GAO) has published some interesting reports that show that even federal agencies have been completing
their Information Returns (IR) improperly and explaining why the returns are incorrect. Below is a sampling, and you can look at more by clicking
here (OFFSITE LINK) :
Tax Administration: More can be done to ensure Federal Agencies file Accurate Information Returns (Report # GAO-04-74 )
Data Quality: IRS' Actions to Improve the Accuracy of Non-Wage Income Data Are Vital (Report # GAO/IMTEC-86-17)
2. Correction Procedure
Whenever we complete government forms, the first thing to remember is that even the Standard government forms usually contain false
presumptions or statements that will prejudice one's rights and which typically would slip by unnoticed by the general public. This is especially true
of the "words of art" (OFFSITE LINK) used on the form and the perjury statement at the end of the government form. Therefore, it is usually unwise
to use the government's Standard forms, and to instead use a modified or what we call an "Amended" form. Amended forms are the only kinds of
forms we recommend and the Family Guardian Website (OFFSITE LINK) contains a catalog of both the original government forms and the Amended
versions below:
Whenever possible, you must use the Amended forms or else you will suffer having your rights unjustly prejudiced by the government. All of the
SEDM response letters which include government forms as exhibits or attachments include blank Amended, and not Standard, government forms,
and you should not substitute the Standard government form unless compelled to do so. Click here to see a list of the changes made to the
Standard forms to make them into the Amended forms if you are curious. To give you one glaring example of a TRAP that greedy state lawyers set
which should be avoided at all costs, take a look at the Oregon "Employees Substitute Wage and Tax Statement" form. Notice it has "Taxpayer's
Signature" at the end and "Employee" at the top. There is no way to fill out this form and send it in without creating TWO false presumptions: 1. That
you are an "employee" under the I.R.C.; 2. That you are a "taxpayer". The state of Oregon DOES NOT have a substitute form suitable to be
submitted by those who claim to be neither "taxpayers" nor "employees" and who want to zero out false reports by their private employers, who
coerced them into participating because they quite frankly do not want people exiting the fraudulent tax system. WATCH OUT!
All the above preliminaries now aside, we can get to work showing you how to fill out the IRS 1099 to attach to your IRS or state response letter. First,
let's review what the instructions for form 1099 say themselves about correcting an erroneous 1099 report, from page GEN-12 of the 2004 "General
Instructions for Forms 1099, 1098, 5498, and W-2G":
Below is a link to both the Standard and Amended IRS form 1099, so you can compare and see the differences for yourself. The Amended forms
are "fillable" with the free Adobe Acrobat Reader. They have been preinitialized with the most common values to save you time.
1099-DIV Amended
1099-DIV Click here
1099-CC (Custom form)
WARNING:! Do NOT attempt to contact us to ask us to prepare other fillable 1099 variants such as the 1099-S or 1099-INT that do not appear in the above table
not without compensation. If you want to make your own versions of these forms you may create them as we have using the following product. After you have
form you create to us so that we can post it for others to reuse.
1. If you wish to avoid all the pitfalls with using standard IRS forms, then we highly recommend the 1099-CC Form, Form #04.309 indicated in the Amended
column above. This custom form is the ONLY information correction method we know of that can be filed by a nonresident no-individual non-taxpayer,
and which also doubles as a criminal complaint against the original filer. This is useful in filling your record with exculpatory evidence to prevent any kind
of criminal prosecution by recipients of the correction form who don't read the law.
2. One corrected 1099 form must be filled out for EACH Form 1099 (OFFSITE LINK) that was wrongfully filed on you, and must include all the information
about the original organization that made the report. If you don't have the original forms that hopefully were mailed to you by your business associate,
then you can request replacement copies from the associate or from the IRS.
3. Enter the identification numbers for the PAYER and RECIPIENT and after "RECIPIENT identification number" write "NONTAXPAYER".
4. Do NOT attach or send in the original Form 1099 (OFFSITE LINK) that your financial institution or PRIVATE employer gave you, because they are wrong
and will just confuse the IRS or state revenue agency. Give them ONLY the substitute form and make it hard for them to even see the false information
on the original reports.
5. The 1099-MISC is filled out with all the same information as what was on the original 1099-MISC , including "taxes" paid, but with Income earned set to
zero. Therefore blocks 4, 6, and 16, the tax withheld, should reflect whatever was wrongfully reported by your business associate, while blocks 1 through
3, 5 through 14, 15a, and 15b will be zero. The reason that income blocks should be zero is because the only nonzero amounts in these blocks are those
connected with a "trade or business", meaning a public office in connection with the United States government as defined under 26 U.S.C.
§7701(a)(26). Since you probably don't hold public office, then you shouldn't be reporting earnings in connection with it.
WARNING!: If you do not have any earnings in connection with a "trade or business" (OFFSITE LINK) , you also cannot be taking any deductions
(26 U.S.C. §162), earned income credit (26 U.S.C. §32), or apply a graduated rate of tax (26 U.S.C. §1) if you file a return. All such "privileges" will
make you into a person engaged in a "trade or business". The rate on all "gross income" for those with no earnings connected with a "trade or
business" is a flat 30% for Nonresident aliens, as indicated under 26 U.S.C. 871(a). This is normally not a big deal, because the only type of
gross income that is not specifically identified as connected with a "trade or business" is Social Security under 26 U.S.C. §861(a)(8). Click
here (OFFSITE LINK) for details.
6. The 1099-DIV is filled out with all the same information as what was on the original 1099-DIV, except that the earnings in blocks 1a through 9 are set to
ZERO. The reason that earnings blocks should be zero is because the only nonzero amounts in these blocks are those connected with a "trade or
business", meaning a public office in connection with the United States government as defined under 26 U.S.C. §7701(a)(26). Since you probably don't
hold public office, then you shouldn't be reporting earnings in connection with it.
WARNING!: If you do not have any earnings in connection with a "trade or business" (OFFSITE LINK) , you also cannot be taking any deductions
(26 U.S.C. §162), earned income credit (26 U.S.C. §32), or apply a graduated rate of tax (26 U.S.C. §1) if you file a return. All such "privileges" will
make you into a person engaged in a "trade or business". The rate on all "gross income" for those with no earnings connected with a "trade or
business" is a flat 30% for Nonresident aliens, as indicated under 26 U.S.C. 871(a). This is normally not a big deal, because the only type of
gross income that is not specifically identified as connected with a "trade or business" is Social Security under 26 U.S.C. §861(a)(8). Click
here (OFFSITE LINK) for details.
7. If you provided a TIN for the original 1099 form, then you should attach a note indicating that you are not a statutory "taxpayer", "resident", "alien", or
"U.S. person", but instead are a "nonresident alien NON-individual" not not engaged in a "trade or business" as defined in 26 U.S.C. §7701(b)(1)(B) who
has no "SSN", "TIN", or "ITIN". Our Corrected Information Return Attachment Letter, Form #04.002, does this with Enclosure (8), Tax Form
Attachment, Section 3. That form also makes any original information return reports FALSE and FRAUDULENT.
8. If you don't have the original erroneous 1099 reports, then you won't have anything you can start with to transfer numbers onto the 1099. In that case, fill
out one form for each tax year and each institution or employer, and put as much information as you have about the institution on the form, and indicate
under items 7(A)(a) through 7(A)(e) and 7(B)(1) through 7(B)(3) the amount "zero".
9. You may wish to attach a note of explanation to the corrected IRS form 1099. This explanation should state something like the following. Click
here for a sample attachment of that listed below:
1. The person about whom the original false 1099 was filed is a "nonresident alien", domiciled outside of the "United States" and who has no earnings connected
with a "trade or business" in the United States.
2. Only earnings connected with a "trade or business" are reportable on a 1099. The IRS 1099-MISC instructions say this:
"Trade or business reporting only. Report on Form 1099-MISC only when payments are mad in the course of your trade or business. Personal payments are not
reportable. You are engaged in a trade or business if you operate for gain or profit. However, nonprofit organizations are considered to be engaged in a trade or
business and are subject to these reporting requirements. Nonprofit organizations subject to these reporting requirements include trusts of qualified pension or
profit-sharing plans of employers, certain organizations exempt from tax under section 501(c) or (d), and farmers' cooperatives that are exempt from tax under
section 521. Payments by federal, state, or local government agencies are also reportable."
[SOURCE: https://famguardian.org/TaxFreedom/Forms/IRS/IRSForm1099Inst.pdf (OFFSITE LINK)]
3. The organization issuing the original 1099 is also a "nonresident alien" domiciled outside of the "United States", but through either fraud or mistake or through
duress or false statement on the part of the IRS, refuses to acknowledge that fact or rebut the overwhelming evidence that they are simply WRONG. The
organization has also refused to honor my wishes by not submitting the form 1099 after being explicitly told that I am not engaged in a "trade or business".
This has prejudiced my rights and created false presumptions on the part of the recipients of this form which I insist on correcting so as to protect my
Constitutional rights.
If you disagree, please rebut the overwhelming evidence below and answer the admissions at the end within ten days. Any admissions you do not address shall
be admitted and a failure to timely respond within that time period shall constitute a "nihil dicit" judgment and a default on the part of the recipient of this
submission per Federal Rule of Civil Procedure 8(b)(6).
Some states have their own substitutes for the IRS form 1099. These substitutes must be used when you are filing state income taxes, but
accomplish the same affect as the IRS form 1099. If your state does not have a 1099 substitute form and you are corresponding with a state revenue
agency, then its best to provide either a corrected form W-2 or 1099, or to use the IRS form 1099 to correct erroneous reports of gross income. The
decision is yours. If you would like more information about the tax laws of a specific state, see the link below:
1. If you haven't archived or kept all the inforamtion returns filed against your name, obtain copies of the corrected information returns received by the IRS
using one of the following:
1.1 Information Return FOIA: "Trade or Business", Form #03.023
1.2 IMF Decoding Freedom of Information Act Request, Form #03.015, FOIA #3.
1.3 Write your own request using information contained in our Correcting Erroneous Information Returns, Form #04.001, Section 6.
2. Complete corrected Information Returns:
2.1 Complete Amended form 4852's for all years false W-2 reports were made against you.
2.2 Complete Amended/Corrected form 1099's for all false 1099 forms filed against you. See our article below for information on how to do this:
https://sedm.org/Forms/FormIndex.htm
3. Find the Data Processing Center address to mail the completed information return from the form instructions: Examine the IRS Instructions for the
information return form you prepared above. The instructions provide the address of the Data Processing Center to mail the completed information
returns. Write down this address from the form instructions. Alternatively, you can look in the next section, which summarizes the Data Processing
Center addresses for the various information returns. Each information return form has a different Data Processing Center so make sure you get the right
one.
4. Mail one set of completed forms above to EACH of the following TWO separate destinations:
If you would like more information about Information Returns processing, visit the IRS website at:
http://www.irs.gov/taxpros/content/0,,id=98185,00.html
5. Examples
Below are some example documents to help show you how to fill out the 1099 and 1099:
Below is the Attachment that was used for the above replacement form 1099 provided for your reuse:
A1: You can call the provider and ask them to fax you the 1099 information again. Alternatively, you can file a 1099 that simply says "All sources" under item 5 on
the 1099 form.
____________
Q2: Is it ever too late to submit these forms for past years?
A2: No. There is never a wrong time to do the right thing. As long as the government has records of receipt of "gross income", then it is our duty to rebut the
wrong evidence, no matter how old it is, because sooner or later, they will use it to come back to us and demand that we either file or pay.
____________
Q3: Should I fill out the 1099 for past years, or only for the years they are going after me for?
A3: It's always safest to file 1099 forms for all years that a person didn't file a return. This is a preventive measure if they decide later on to go after a person later
for those years.
8. Stopping the false 1099 Reports from being filed in the first place
The Corrected IRS Form 1099 is for use primarily in undoing the damage done by private employers and companies, who usually because of their
ignorance of the law, either complete Information Returns such as the Form 1099 when they don't need to, or who put false information on these
returns. If you would like to prevent this problem of false returns being filed unlawfully in the future, then we suggest the following options:
1. Submitting the following form to the filer of the false form and demanding that they prove with evidence that you are engaged in a "trade or business". Do
so with a Certificate of Service and have it notarized. Send via certified mail or personally by a neutral third party. This will provide formal notice and
legal evidence that they have been notified. If they do not rebut the information, you have readily admissible evidence that their conduct beyond that
point becomes legally actionable and FRAUDULENT.
2. If the financial institution or private employer insists that you contact the legal department of the company to resolve your dispute about fraudulent filing of
information returns and unlawful withholding, we suggest sending the following very powerful letter directly to the employer or financial institution legal
office according to the instructions:
3. If the legal department doesn’t correct the illegal, harmful, and fraudulent reporting and withholding of the company based on the above letter, you may
consider suing the payroll, withholding, or reporting person individually and by name. We are working on a canned lawsuit suitable for this purpose which
will be referenced in this document when available.
4. After they have been confronted about the false information returns, if they persist and insist on continuing to violate the law, you can write the IRS to ask
them to correct the false information return and also financially and civilly penalize the employer for submitting false information pursuant to 26 U.S.C.
§6702. Starting in January 2007, the IRS posted a notice warning those who submit false 4852's that they could be civilly penalized for submitting a false
return. This penalty applies just as readily to the submitters of the original false information return as it does to those who are submitting the corrections
4.1 You should also do follow-up to ensure that this penalty is instituted. Once their violations of law begin affecting their bottom line, usually the submitters
of the false returns will reform their ways.
4.2 If the IRS refused to EQUALLY enforce the law, inform them that a criminal complaint will be filed against the IRS Commissioner for the following:
4.2.1 18 U.S.C. §3: Accessory after the fact. The IRS, by refusing to remedy the situation, becomes an accessory after the fact to fraud and false statement
by the submitter of the false information returns.
4.2.2 18 U.S.C. §912: Falsely impersonating an officer [PUBLIC OFFICER] or employee of the United States. The IRS is causing you to be misrepresented
as a "public official". The tax in Subtitle A of the I.R.C. is a tax upon a "trade or business", which is defined as "the functions of a public office" in 26
U.S.C. §7701(a)(26). By allowing their records to falsely reflect the fact that you are a "public official", they are causing you to involuntarily and falsely
impersonate an officer of the United States government.
4.2.3 18 U.S.C. §1030: Fraud and related activity in connection with computers. The IRS is deliberately and willfully falsifying the records that describe
your status and they should be prosecuted.
4.2.4 26 U.S.C. §7207: Fraudulent Returns, Statements, or other documents. The IRS is facilitating the submission and processing of knowingly false
information returns, such as IRS forms W-2, 1042S, 1098, and 1099.
5. If the IRS does not take responsibility to civilly penalize the submitter of the false information returns pursuant to 26 U.S.C. §6702, next you can file a
criminal complaint against them with the Department of Justice of the United States pursuant to 28 U.S.C. §2679. Charge as follows:
5.1 Charge the submitter of the information return and the withholding agent with the following
5.1.1 26 U.S.C. §7207: Fraudulent Returns, Statements, or other documents
5.1.2 18 U.S.C. §912: Falsely impersonating an officer [PUBLIC OFFICER] or employee of the United States
5.1.3 18 U.S.C. §1589: Forced Labor. The private employer, by inducting you illegally into the tax system, is causing you to engage in forced labor for the
portion of your compensation that he illegally diverts to the government. 18 U.S.C. §1593 mandates restitution for the slavery be paid to you by the
submitter of the fraudulent information return.
5.2 Charge the IRS with the following:
5.2.1 18 U.S.C. §3: Misprision of felony. The IRS is cooperating with the crimes of the information return submitter and withholding agent.
5.2.2 18 U.S.C. §241: Deprivation of Rights. The IRS is causing you to involuntarily forfeit your rights to the fruits of your labor and the compensation from
it, by refusing to take action on your petition for redress.
5.2.3 18 U.S.C. §1002: Possession of false papers to defraud the United States. The fraudulent information returns received from the submitter are used
in crediting Social Security Earnings, which in turn become a basis for collecting Social Security benefits. If these reports are wrong, then the person
who is the subject of the report is entitled to increased Social Security earnings, which in turn can be used to defraud the United States out of monies
that they in fact are not legally entitled to. No one domiciled in a state of the Union on other than federal territory can lawfully participate in or collect
benefits from Social Security. See
Resignation of Compelled Social Security Trustee, Form #06.002
https://sedm.org/Forms/AvoidingFranch/SSTrustIndenture.pdf
5.2.4 18 U.S.C. §1028A: Aggravated Identity Theft. The IRS, by using a Social Security Number as a Taxpayer Identification Number, and by falsely
associating you with the status of a "public employee", is stealing your identity and transporting it unlawfully to the District of Columbia pursuant to 26
U.S.C. §7701(a)(39) and 26 U.S.C. §7408(d).
5.2.5 18 U.S.C. §1583: Enticement into Slavery. The IRS, through the omission of failing to correct the false information return reports or in LYING to you
by telling you that they are required, is inducting you illegally into the tax system, is causing you to engage involuntarily in slavery for the portion of your
compensation that he illegally diverts to the government.
5.2.6 18 U.S.C. §1589: Forced Labor. The IRS, by refusing to correct the fraud of the information return submitter, is inducting you illegally into the tax
system, is causing you to engage in forced labor for the portion of your compensation that he illegally diverts to the government. 18 U.S.C.
§1593 mandates restitution for the slavery be paid to you by the IRS.
5.2.7 18 U.S.C. §1951: Interference with commerce by threats or violence. If the IRS threatened to penalize, audit, or "selectively enforce" against you in
retaliation for brining the illegal activity of the submitter of the fraudulent information return and withholding agent to their attention, then they are
engaging in criminal racketeering.
5.2.8 18 U.S.C. §1956: Laundering of monetary instruments. If the submitter of the false information return also involuntarily withheld monies from your
pay, the IRS, in receiving the proceeds of said extortion, is engaging in laundering of monetary instruments.
5.2.9 18 U.S.C. §1030: Fraud and related activity in relation to computers. The fraudulent information returns received from the submitter by the IRS are
processed entirely by computer. By allowing knowingly false information in their computer system, they are engaging in computer fraud.
5.2.10 42 U.S.C. §1994: Peonage abolished. The IRS, by its omission in correcting the fraudulent information returns, is recruiting you into peonage and
making you into involuntary surety for debts of a foreign jurisdiction.
6. If the DOJ does not prosecute the IRS employees engaging in the fraud because of their omission, file a criminal complaint with the Attorney General of
your State against the commissioner of the IRS and the specific employees at the IRS who refused to correct the fraudulent information returns. Use the
following as a resource:
7.1 26 U.S.C. §7434: Civil Damages for Fraudulent Filing of Information Returns. To recover civil damages for false filing of information returns for
$5,000 or more, including attorneys fees, against the submitter of the false information returns.
7.2 31 U.S.C. §3729: False Claims Act. Use this statute and file in the name of the United States to recover false claims against the United States. Since
the U.S. Attorney declined to prosecute, then this statute allows you to file suit individually as an agent of the United States.
Not including with their collection notices a copy of or mention of the specific W-2 report(s) upon which the collection is based. The Fair Debt Collection
Practices Act (FDCPA) requires that anyone collecting a debt, including a tax debt, must supply upon demand a copy of the original debt instrument,
which in this case is based ONLY on the Information Return. Therefore, the IRS must provide not only the Information Return, but also the lawful
assessment upon which the collection is based, and they must do so within 20 days of request. Click here for an example for asking for a copy of the
lawful assessment documents.
Making it difficult for you to obtain a copy of the reports directly from them. This ought to be an electronic service that anyone can access on their
website.
Consequently, it is VERY IMPORTANT that you maintain an archive of all of the Information Returns filed on you, along with the rebuttal to each
one in the form of either a 4852, an amended W-2, etc. That way, when the IRS institutes collection activity, you can include rebutted versions of
the Information Returns with your response, and you can reuse these rebuttals in all future correspondence with a minimum of effort.
For those of you who are trying to reconstruct a file of all of your Information Returns so you can prepare rebuttals and keep them on file for future use, the following
options are available:
1. You can contact the employers, financial institutions, and organizations that filed the Information Returns and ask them to send you replacements.
2. The IRS website contains links describing how to get copies of these bogus reports below:
Topic 154 - 2004 Forms W-2 and Form 1099–R (What to Do if Not Received) (OFFSITE LINK)
Topic 159 - Prior Year(s) Form W-2 (How to Get a Copy of) (OFFSITE LINK)
10. Other alternatives to the corrected IRS form 1099: The Form 4852
IRS makes one other form that serves the same purpose as the form 1099 but is more versatile, and this is the IRS Form 4852, which is called
"Substitute for Form W-2 and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts,
Etc.".
1. Note that this form can ONLY be used to rebut false Form W-2 and Form 1099-R.
2. The form is ONLY for use in connection with forms 1040 and 1040X. That means it is ONLY for resident aliens and cannot be used by nonresident
aliens. If you want a nonresident form, you have to make your own, such as the 1099-CC Form, Form #04.309 that we use.
If you need to rebut false 1099-MISC or any other type of 1099 OR if you are a nonresident alien, then you can't use this form. We wrote a similar
article about this form which you can view by clicking on the link below:
HJR 192 – TOOK AWAY GOLD IN EXCHANGE TO PREPAY ALL OF YOUR DEBTS
PAST PRESENT AND FUTURE
IT IS NOT A TAX UNTIL YOU ASSESS THE TAX
WHY DO YOU HAVE TO ASSESS THE TAX?
BECAUSE YOU OWN THE CREDIT THE GOVERNMENT IS USING
YOU ARE THE CREDITOR IN FACT.
YOU ARE IDENTIFIED AS THE PAYOR AND THEMSELVES AS THE RECEPIENT OF
THE FUNDS ( ON CORPORATE AND GOVERNMENT FILINGS)
PUBLICATION 1212
https://www.irs.gov/pub/irs-pdf/p1212.pdf
PAGE 7 OF PUBLICATION 1212
Nominee. If you are the holder of an OID debt instrument and you receive a Form 1099-
OID that shows your taxpayer identification number and includes amounts belonging to
another person, you are considered a “nominee.” You must file another Form 1099-OID
for each actual owner, showing the OID for the owner. Show the owner of the debt
instrument as the “recipient” and you as the “payer.” Complete Form 1099-OID and
Form 1096 and file the forms with the Internal Revenue Service Center for your area.
You must also give a copy of the Form 1099-OID to the actual owner. However, you are
not required to file a nominee return to show amounts belonging to your spouse. See
the Form 1099 instructions for more information. When preparing your tax return,
follow the instructions under Showing an OID adjustment in the next discussion.
A. Who Must File
Generally, if you receive a Form 1099 for amounts that actually belong to
another person, you are considered a nominee recipient. You must file a Form
1099 with the IRS (the same type of Form 1099 you received) for each of the
other owners showing the amounts allocable to each. You also must furnish a
Form 1099 to each of the other owners. File the new Form 1099 with Form
1096 with the Internal Revenue Service Center for your area. On each new
Form 1099, list yourself as the "payer" and the other owner as the "recipient."
On Form 1096, list yourself as the "Filer." A spouse is not required to file a
nominee return to show amounts owned by the other spouse. The nominee,
not the original payer, is responsible for filing the subsequent Forms 1099 to
show the amount allocable to each owner.
Successor/predecessor reporting.
SECONDLY WHEN DEALING WITH CORPORATIONS YOU WANT TO MAKE AN INDVIDUAL LIABLE SO YOU
ALWAYS SEND YOUR DOCUMENTS VIA CERTIFIED POST THAT WAY YOU ALWAYS HAVE THE RIGHT TO FACE
YOUR ACCUSER AND YOU KNOW WHO IT IS.
THE US DEPARTMENT OF TREASURY IS THE BOOKKEEPERS FOR THE UNITED
STATES CORPORATION
UNLESS YOU RECORD THE RETURN OR THE TAX THEN THEY CAN NOT DO THE
BOOKKEEPING ON IT.
THAT’S WHY THE TREASURYS BOOKS ARE OFF BALANCED THE PAYABLES AND
RECEIVEABLES ARE OFF BALANCED UP BECAUSE THEY CAN NOT PAY THE
PAYABLES WHICH IS DUE TO THE PEOPLE.
THEY CAN NOT PAY THE PEOPLE BECAUSE THEY HAVE NOT FILED THE CORRECT
PAPERWORK TO GET THE REFUND ON THE CREDIT THAT THEY ARE GIVING
AWAY
AFTER 36 MONTHS THE CORPORATIONS AND BANKERS COME IN AS THE
NOMINEE AND USE YOUR TAX PAYER IDENTIFCATION NUMBER ON A 1099A
UTLIZING THE DEBT INSTRUMENT AS ABANDONED PROPERTY BECAUSE YOU
NEVER CLAIMED IT. WHO EVER CLAIMS IT OWNS IT
WE ALSO SEND THEM A BLANK W9 REQUESTING TO SEE THEIR TAX
IDENTIFICATION NUMBER AS YOU FILL THIS OUT WHEN STARTING ANY NEW
BANK ACCOUNT. WE ATTACH THIS TO ANY FORMS WHEN DEALING WITH
CORPORATIONS UTLIZING OUR CREDIT.
THE AMOUNTS BELONGING TO ANOTHER PERSON IS THE AMOUNT OF THE
CREDIT THEY ARE USING AND THAT SHALL BE REPRESENTED AS A TAX WHEN
THE TAX IS ASSESSED IT THEN BECOMES A TAX ISSUE AND TAX MATTER AND
THEN IT BECOMES A RETURN. WHEN YOU SHOW THE CORPORATIONS AS
RECEIPENTS OF THE FUNDS THEN THE IRS SHALL ISSUE YOU A REFUND. IF YOU
DO NOT DO THIS THEN YOU ABANDON THE FUNDS AND THE 1099 A IS FILED BY
THE CORPORATIONS AND THE FUNDS GOTO THE CORPORATION THAT FILED
THE 1099 A. THE CORPORATIONS ARE ALWAYS FILING AS A NOMINEE FOR THE
TRUE OWNER WHEN YOU SIGN OVER THE RIGHTS TO YOUR BUSINESS ( YOUR
NAME AND CREDIT).
EVERYTHING IS A TAX ISSUE UNDER THE BANKRUPTCY OF THE UNITED STATES
CORPORATIONS.
WHEN YOU ARE BORN A BIRTH CERTIFICATE IS CREATED. A BIRTH CERTIFICATE
IS JUST SIMPLY PUT A TITLE OF OWNERSHIP WHICH HAS CREATED BENEFICIAL
INTEREST WITHIN EVERYTHING YOU SHALL OWN. SOLE MEANS ONE HENCE
SOLE PROP THEY PROP THE SOLE OF YOUR FOOT AND AS SOON AS THE SOCIAL
SECURITY NUMBER IS ESTABLISHED YOUR TAX PAYER IDENTIFCATION NUMBER
THIS IS YOUR PRIVATE BANKING NUMBER SET UP FOR THE SOCIALIST SECURITY
ADMINISTRATION WHICH IS ANOTHER TRUST. THE BENEFITS ARE TIED TO YOU
BEING ABLE TO UTILZE TRUST CERTIFICATE UNITS FROM THE FEDERAL
RESERVES WHICH IS UNDER THE IN GOD WE TRUST YES THAT IS THE NAME OF
THEIR TRUST THE IN GOD WE.
THE CONSTITUTION IS CONSIDERED TO BE AN EXPRESSED TRUST. WHEN YOU
GO INTO ANY COURT ROOM YOU ARE CREATING A CONSTRUCTIVE TRUST. THIS
IS A DIFFERENT TOPIC FOR A DIFFERENT BOOK BUT AS OF RIGHT NOW LETS
STICK TO THE SOLE PROP BUSINESS AND THE TAX.
AS YOU CAN SEE ALL COURTS ARE TAX COURTS AND ALL DEBTS ARE OWED TO THE
UNITED STATES CORPORATION. IF YOU CONTINUE TO READ TO SECTION 15 YOU SHALL
SEE THAT THE UNITED STATES IS INDEED A CORPORATION.
ALSO A NOTE TO MENTION SECTION 10 PERSON MEANS CORPORATION. THEN AGAIN
THIS WHY YOU ARE CONSIDERED A SOLE PROP CORPORATION AND YOUR BODY, LABOR
AND EVEN WELL BEING CAN BE ATTACHED AS COLLATERAL FOR ANY MISHAPS OF THE
BUSINESS DUE TO YOU NOT HAVING PROPER STANDING BY UPDATING YOUR STATUS
WHICH WE HIGHLY RECOMMEND YOU DO BEFORE MOVING FORWARD WITH ANY 1099
OID PROCESS. WE ALSO HAVE ANOTHER BOOK ON HOW TO UPDATE YOUR STATUS
PROPERLY ON THE PUBLIC SIDE AND THE PRIVATE SIDE.
AS YOUR BIRTH CERTIFICATE IS THE TITLE THAT SHOWS BENEFICIAL OWNERSHIP SO
THIS IS THE PRIVATE SIDE. THE PUBLIC SIDE IS THE MONEY HOW ARE YOU ACTING IN
WHAT CHARACTER OR TITLE ARE YOU ACTING FROM. WITH A SOCIAL YOU ARE A SLAVE.
AS SOCIAL WORK FOR THE EIN THE EMPLOYER IDENTIFICATION NUMBER. EMPLOYEES
ARE SLAVES AND THE EMPLOYERS ARE THE MASTERS. AS THE SOCIAL NUMBER AS
WORKS FOR THE EIN.
FROM A LIMITED LIABILTY COMPANY YOU WOULD ACT FROM A MEMBER OR JUST AN
AUTHORIZED REPRESENTIVE SO TO SPEAK. WITH CORPORATIONS YOU ACT FORM A
CHIEF EXECUTIVE STANDPOINT OR EVEN PRESIDENT OR VICE PRESIDENT. FROM THE
TRUST STANDPOINT YOU ALWAYS OPERATE FROM THE GRANTOR OR ADMINSTRATOR
WHEN DEALING WITH YOUR PRIVATE AFFAIRS WITHIN A PUBLIC PLAY.
Report #1099,
Explanation of the 1099OID and the 1040V theory
Explanation of the Form 1099-OID and the Form 1040V (Voucher) An What
Impact It Has On Your Alleged Income Tax Liability - theory
There have been a number of differing interpretations of the use of the Form
1099-OID and the Form 1040V as well as to who is the payer and who is
the recipient. Also, there appears to be some differing opinions regarding
the term “IRS agent”. In trying to understand the IRS function regarding
prepaid and the return to the private, here are some of my thoughts. I will try
to put this into an itemized format in order to separate the different issues
mentioned.
It is important, I believe, that we look at the use prescribed by the IRS for
each form; namely the 1099-OID and the Form 1040V.
1. The 1099-OID (original Issue) deals with our credit as collateral for “newly
created money” (that which is created by the use of our credit/SS# - even
though */all/* “old” money (money already in circulation) was also created
with our credit, or through a pool or blocked grant).
2. Original issue would include all mortgages, bonds, certain securities, car
loans, and the like.
3. On the other hand, the Form 1040V would be to cover other numerous
types of transactions that have not been directly funded by us, those which
are *not *funded by unilaterally signed (by us) futures contract* *notes,
credit applications and such future contracts. Rather the Form 1040V is
used for instant use with re-circulated money and bills & statements for
products by corporations not governmental approved nor licensed to create
money; such as Fanny & Freddie.
5. So, it would seem that the 1099-OID when declared on the 1040, as that
which must be returned to the source, (declared in the total amount of
income on line 21 of the 1040) that we are due the refund and the
“recipient(s)” are the ones required to declare on their returns all the credit
they withheld from us, as their income (all the money created using our
credit/labor/assets as the collateral). This is the re-funding to us by IRS thus
making the IRS a “pass-through/clearing house” for the reallocation of funds
to the proper accounts at the U.S. Treasury and to be properly applied to
their respective accounts thus bringing our account to 0-).
6. *Next,* The back of the recipient’s copy of the 1099-OID states as follows
(quoted below):
“Original issue discount (OID) is the excess of an obligation’s stated
redemption price at maturity over its issue price (acquisition price). OID is
taxable as interest over the life of the obligation. If you are the holder of an
OID obligation, generally you must include an amount of OID in your gross
income each year you hold the obligation. Obligations that may have OID
include a bond, debenture, note, certificate, or other evidence of
indebtedness having a term of more than 1 year. For example, the OID
rules may apply to certificates of deposit (CD’s), time deposits, bonus
savings plans, and other deposit arrangements, especially if the payment of
interest is deferred until maturity. In addition, the OID rules apply to
Treasury inflation-indexed securities. See Pub 550. Investment Income and
Expenses, for more information.
It continues: “Box 1. Shows, the OID on the obligation for the part of the
year you owned it. Report the amount in box 1 as interest income on your
income tax return. However, depending on the type of debt instrument, the
issue or acquisition date, and other factors (for example, if you paid
acquisition or bond premium, or the obligation is a stripped bond or coupon),
you may have to figure the correct amount of OID to report on your return.”
7. The taxes required to be paid by the recipient on the 1099-OID will be the
difference between the original issue (will be the face value of the note plus
all interest calculated to maturity for mortgages, cars, and financed items)
and the discount. (Similar to the difference between wholesale and retail).
Each corporation/vender only pays tax on the interest received each year
less their costs. This changes and becomes all due when the account is
accelerated in time to maturity at which time all interest is due.
10. the Form 1040V is mainly good for set-off (or payment?) of current
(open) billings/statements. It will be one of the red form 1099s to claim the
re-funding of the credit.
11. It is important to identify whether our credit has been used or not.
Otherwise, you may be providing whomever you are sending the Form
1040V payment twice, i.e. he will receive two tax exemptions.
12. Original 1040-V with MO goes to IRS with MO made payable to the
Treasury
13. Declare the amount on the MO as income on line 21 of form 1040 (This
assesses the tax)
14. the Form 1040V (voucher) for payment of tax, pays the amount on line
21- zeroes out the amount on the 1040. (This is slightly different from the
1099s)
15. IRS sends the MO to the Treasury for allocation of the credit to be
provided as a tax exemption to the vendor.
16. When the “vendor” received the Form 1040V with their
bill/statement/money made “payable to U. S. Treasury”, they can then adjust
their books to show the product has been paid for with our exemption and
they now have a tax credit.
17. When the product was sold, the company credited “sales” on their Profit
and Loss Statement and debited “accounts receivable” which is a Balance
Sheet account.
18. They can then transfer the amount of the asset account “accounts
receivable” on their Balance Sheet to the asset account “prepaid tax” on
their Balance Sheet.
19. The tax will be paid by them when they file their yearly tax return
because their taxes are based on sales less cost of good sold shown on the
Profit and Loss Statement.
20. Since we have given our credit for payment of the vendor’s MO. The
vendor issuing the MO can now use the copy we have sent to them on their
tax form (corporation Income Tax Form) to receive a tax exemption/our
credit against any tax they may owe. If none owed, they will get a receive a
tax refund for the amount of their bill/MO.
21. As pertains to the State tax Assessor, (so-called unpaid statements or
“owed” amounts)
22. The State Tax Assessor sends an assessment and has used our SS#.
23. The State Tax Assessor puts a coupon on the bottom of the
assessment.
24. This zeroes their account because they have charged our account with
the assessment and issued the coupon/money to off-set the assessment,
account 0-.
25. At that point we really do not owe anything, the account is at zero;
therefore, *they are not in violation* of the law/Constitution as they have not
as yet taxed us.
26. If or when we send a check we have *volunteered* and the tax becomes
payable because we have contracted by volunteering. Income tax is a
volunteer tax.
27. If we send the Form 1040V and use their coupon, we are prepaid and
our portion of prepayment being held by FTB can now be appropriated to
our account. We can then file a 1099-B for the value of the coupon.
28. As pertains to the State Tax Assessor (funds we have given them or
they have hi-jacked from us)
29. If the State Tax Assessor has taken from us then we file a 1099-OID to
identify the funds they pirated from us.
31. We should then be in line to receive a refund for the amount in line 64.
Follow the procedures above as pertain to State Tax Assessor (the STA) is
only a franchise of the IRS and the rules are the same.)
34. When the Form 1040V is sent to the vendor, they are now paid by us,
for the product, using the IRS as a pass-through/clearing house for the
funds they are billing or charging, by now being eligible for a tax credit on
*their* returns; a tax credit being the full amount prepaid against any tax
they owe (now an asset on their books as prepaid tax). the Form 1040V
which we send to the IRS is our “payment” (accessing our credit through
IRS) for the product and authorization to provide the vender a tax exemption
for his services and authorization for the funds to create the next prepaid
item since they will report the sales on their tax return and provide the
amount of the “cost of good sold” which will also be declared on their tax
return as to how the “credit” was used in the manufacture of the item. We do
not want to interrupt commerce. The vendor has paid for the materials and
workforce (other people’s labor) used to produce the product from some
prior original issue. We are then acquiring the item with our exemption/credit
through a tax credit to him.
36. The instructions for the Form 1040V state that this form is to be used
when submitting payments against income tax owed. See quote from the
form:
37. Detach Form 1040-V along the dotted line. Do not staple or otherwise
attach your payment or Form 1040-V to your return or to each other.
Instead, just put them loose in the envelope.
38. Mail your 2005 tax return, payment, and Form. It is a statement you
send with your check or money order for any balance due on the *“Amount
you owe” *line of your 2005 Form 1040. Using Form 1040-V allows us to
process your payment more accurately and efficiently. We strongly
encourage you to use Form 1040-V, but there is no penalty if you do not.”
39. It seems that we might need to file a 1040-V for the total amount of the
1099s filed for return of withholding and show the total amount of tax due on
line 63 with the Form 1040Vs as payment of the taxes in lieu of the services
or product.
40. Therefore, this form has nothing to do with the creation of M-1, rather a
payment against taxable income, bill/statement/money order (re-circulated
money which would be part of the velocity of money). So, when we use this
form we are making the payment against *income* created through a
transaction between me and a taxpayer vendor or service provider. When I
send the Form 1040V to the vendor/service provider, I am telling him that I
have made a payment to the IRS and a tax refund is now waiting for him to
claim. When he receives the Form 1040V with the “money order”, he can
now show the account paid by journaling the money being held as an
accounts receivable, from the accounts receivable, to another asset
account; namely, “prepaid taxes”. He can now take the Form 1040V with the
bill/statement/money order and present this to the IRS for payment, either
as a credit against any taxes he owes or as a refund. Unless new money
has been created by a licensed agency, a 1099-OID is not the form to use
for a vendor, i.e. the “mom and pop” places. We have received the product
in exchange for our exemption. This is exchange dollar for dollar.
41. I’m not sure if we need to take into account the difference between new
money (original issue) and old money (money in circulation). Or perhaps it
does not matter. the Form 1040V pays our expenses/bills/invoices etc. but
we are not to get rich off of other peoples labor. It seems to me that if we
attempt to get a cash refund in addition to the produce we are stealing. The
corporation has converted the credit into product and distributed the credit
for materials and labor (other peoples’).
42. The municipalities also make payments for services to the public via
contractors which places the funds into circulation. A friend sent a 1099-OID
with a 1040-V to the County Property Tax Collector. She received the copy
of the 1099-OID back saying they did not need it. They said if she had any
questions to call. They kept the Form 1040V and we have dropped a short
note asking for an acknowledgment of the payment. If she gets it, we will
know that the taxes have been paid and the County does not need the
1099-OID probably because they do not file or pay tax or perhaps they have
identified the credit already through our property.
43. If her County taxes go away, it would seem we can use the coupon on
the bottom of the service companies, phone, gas, electric company, etc.
with the Form 1040V to pay them. The coupon is the money/check and the
amount is usually indicated on the bottom of the coupon similar to check
numbering. Black’s says a coupon is to be cut and redeemed for the amount
on the coupon. Most companies that use coupons require it to be cut and
have the value of the coupon must be printed on it. Just as on coupon
bonds, newspaper coupons to clip, and bills to those who have used our
credit. They appear on Franchise Tax assessments, IRS assessments,
property tax assessments, utility bills, etc., all of which are indirectly using
our credit.
44. Many of the services that are under blocked grants, the funds have been
designated for certain services i.e. police, fire department, road repair,
street lighting, just to name a few, and our 1040-V will underwrite them for
us by designating our portion of the “pool” (blocked grants which include all
properties assessed by the county and other assets). Because these
services have been paid to contractors who perform these services, etc. the
levies now placed upon us are indirect and we need to use the Form 1040V
to pay for our portion of municipal services with the Form 1040V. This would
then be indirect as opposed to a direct creation of credit and we can use the
Form 1040V to pay for these services. I do not believe we should request a
refund as we are using the services. Please comment on this as others
disagree with me. It depends on the intent of asking for the refund and the
ultimate objective that would determine whether or not we do so.
45. When the Form 1040V is filed with the 1040 as a payment for all debt
using funds that have been in circulation; i.e. purchases using cash, checks
money orders, etc. as well as statements/bills sent by the vendor which
would also include any payments made against credit cards, mortgages,
auto loans, etc. we then need to use both the 1099-OID or 1099-B and
1040-V in order to get a return of the funds we have given to them as well
as a return of our credit.
47. I didn’t expect this writing to grow so large, but hopefully you will have
time to review it and comment on my assessment of what is the proper
process. My mind keeps going and doesn’t want to stop. Since this is all
accounting, the question is how do we access the record/system to set it
straight and get our return/withheld funds/payment for labor/intellect, if not
through the 1040 and the other forms provided? Title 5 section 552 (I
believe this is the correct site) requires that all agencies must correct their
records and the Treasury Department has a department, the “Data Integrity
Board” in Washington, D.C. that requires all agencies must coordinate their
records accurately. The Data Integrity Board must report to Congress. This
might be a source to assist if IRS does not resolve this matter.
PAY TO THE UNITED STATES TREASURY
Please find the exact amount of claim reflected on the attached
1040-Voucher to balance out this account to ZERO (0)
FINANCIAL INSTITUTIONS:
After you have removed your social security number
from your real property, the next step is to remove it
from all of your financial accounts. In order to
remove SSN’s and TIN’s from your bank and
financial accounts, you will need to declare yourself
to be a non-resident non-person using the
procedures we describe subsequently in section
2.5.3.13 . You will have a very hard time by any
other method. We aren’t saying it’s impossible, but it
is very difficult any other way. You will also make
your task of obtaining an account easier if it is a non-
interest bearing account, since this kind of account
can have no tax consequences because it doesn’t
earn interest. Without tax consequences, there is no
reason for the bank to require an SSN anyway.
Most financial institutions will tell you that you can’t
remove social security number from an existing
account. In most cases, you will need to close the
account and then open your new account without a
social security number by providing an amended IRS
Form W-8 or W-8 BEN documenting your “non-
resident non-person” status. 26 C.F.R. §301.6109-
1(g) allows that nonresident aliens do not need a
social security number or other identifying
number. Therefore, attempt to open the account first
by walking into the bank with a W-8 BEN form. Most
banks will have the form for you to fill out, but you
might want to bring your own along. Use the
Substitute W-8 for that purpose, which you can
download off our site in the Income Tax Forms and
Instructions area. If they give you a bad time about
the foreign address you use on the W-8 form
because you used an address within the United
States*** (outside the federal zone), then refer to
section 3.7.1, which has a sample letter you can use
to send to your financial institution after your in-
person visit that authenticates your non-resident
non-person civil status and your lack of need to have
a social security number. The simplest way to avoid
having to send this letter is to ensure that you use a
valid foreign permanent address in block (5). We’ll
explain how to get one of these later.
Whenever the bank states that there is a legal
requirement or liability for you to do something, insist
that they at least tell you the Treasury Regulation and
the section of the Internal Revenue Code from which
the requirement derives. Be patient and polite but
insist on them telling you the law. Most of the time,
the clerk you are dealing with won’t know the law and
can’t answer this question. Therefore, you should
insist that they call the corporate legal counsel for
assistance. Tell them you won’t leave until they
answer your question.
Before you go to the bank to open an account without
an SSN, grab a fine ball-point pen. When you try to
open the account, the bank, if they know the law, will
say that your account is subject to backup
withholding under 26 U.S.C. §3406(a)(1), which
states:
United States Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle C - Employment Taxes
CHAPTER 24 - COLLECTION OF INCOME TAX AT
SOURCE ON WAGES
Sec. 3406. Backup withholding
3 Address
4 Status of Submitter
I AM: 1. “nonresident alien” (26 USC §7701(b)(1)(B)); 2. A “non-citizen national” described in 8 USC §1101(a)(21) and 8 USC §1452 domiciled outside the statutory but not constitutional “United
States” (26 USC §7701(a)(9) and (a)(10)); 3. A constitutional (Fourteenth Amendment, Sect. 1) “citizen” domiciled and working outside the statutory “United States” (26 USC §7701(a)(9) and (a)(10))
and within the constitutional “United States” (states of the Union); 4. “stateless person” pursuant to 28 USC §1332 because not domiciled in the “State” described in 26 USC §1332(d).
I AM NOT AND NEVER HAVE BEEN: 1. An “individual” (26 CFR §1.1441-1(c )(3)); 2. The “nonresident alien individual” described in 26 CFR §1.1441-1(c )(3)(ii); 26 USC §871, or 26 CFR §1.6012-
1(b); 3. A “person” (26 USC §7701(c)); 4. “taxpayer” (26 USC §§7701(a)(14) and 1313); 5. A statutory “U.S. citizen” as described in 8 USC §1401; 6. A “resident alien” (26 USC §7701(b)(1)(A).
If you disagree, you MUST rebut with evidence signed under penalty of perjury the admissions and/or questions at the end of the following within 30 days or be found in default and estoppel: Why you
are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006; http://sedm.org/Forms/FormIndex.htm.
5. False information return (IR) submitter’s name, address, and ZIP code 6 IR submitter’s identification
number (if known)
8 Enter year in space provided and check one or more boxes. For the tax year ending December 31, _________
The information returns you received for the above year from the source identified in item 5 and 6 above were false and fraudulent because (check all that apply):
Check Action Explanation
a The company submitting the information return unlawfully did one or
more of the following: 1. Refused to accept my CORRECT
My status must be accepted as I declare it under penalty of perjury. Otherwise, the company is
engaging in witness tampering, practicing law without a license on my behalf without my consent,
withholding paperwork; 2. Forced me to submit withholding compelling me to contract with the government to participate in the “trade or business” franchise,
documents I now know to be false and fraudulent in its place.;3. and compelling me to associate in violation of the First Amendment. This is being done under the
Forced me to fill out the withholding form in a way that I know is false “color of law” as a quasi-government officer called a “withholding agent” (26 USC §7701(a)(16))
or fraudulent. See the next section. and therefore are liable for a constitutional tort. See: Your Exclusive Right to Declare or Establish
Your Civil Status, Form #13.008: http://sedm.org/Forms/FormIndex.htm.
The only thing the government can lawfully regulate is “public conduct” of “public officers” within
b It constitutes perjury under penalty of perjury to file Form 1099
information return against me or the private entity I represent. My the government. The Supreme Court has held that the ability to regulate private conduct is
private, non-federal associates are NOT an “employer” under 26 USC “repugnant to the constitution”. Everything I do as a PRIVATE person is PRIVATE conduct. By
§3401(d), or government instrumentalities, officers, or agents in the “assuming” that I am a “public officer” or enforcing the duties of the office upon me without
context of this private relationship. It is unlawful and a criminal offense compensation that I, and not you, deem satisfactory, you are forcing involuntary servitude upon
for them to act as a public office of the government in violation of 4 me. The rules of statutory construction forbid adding anything to the definitions in the I.R.C. and
U.S.C. §72 and 18 U.S.C. §912 outside the District of Columbia doing so constitutes a statutory presumption that is a violation of due process of law and a tort.
(“United States”).
c The government identifying number on the form is not mine and
therefore not correct. It is incorrect because my work associate
The reasons I am not eligible to apply for, receive, or use a Taxpayer Identification Number are
identified in: Why It is Illegal for Me to Request or Use a Taxpayer Identification Number, Form
compelled me to sign and submit a knowingly false and fraudulent W- #04.205; http://sedm.org/Forms/FormIndex.htm. Rebut with evidence signed under penalty of
7, W-9, SS-4, or SS-5 form and/or to use a government identifying perjury within 30 days or be found in default and estoppel.
number that does not belong to me by threatening to either not hire or
to fire me if I did not sign it and provide a number I am not eligible for
and cannot lawfully use. Anything done under the influence of duress
becomes the act of the duressor and not my act and is voidable and
this report constitutes a DEMAND to void it.
The following authorities expressly exempt the earnings of “nonresident aliens” domiciled and working
d Earnings of nonresident aliens domiciled outside of and working
outside the “United States” (26 USC §7701(a)(9) and (a)(10)) in other outside the “United States” from “wages”, “income”, or “gross income”. Statutes: 26 USC
than a “trade or business”/“public office” within the U.S. government §7701(a)(31), 26 USC §861(a)(3)(C)(i), 26 USC §1402(b), 26 USC §3401(a)(6), 26 USC §3406(g).
are not includible in “gross income” and a “foreign estate” pursuant Regulations: 26 CFR §1.872-2(f), 26 CFR §1.871-7(a)(4). 26 CFR §31.3401(a)(6)-1, and 26 CFR
to 26 USC §7701(a)(31). They are “not subject” to income tax, but §31.3406(g)-1(e). Pursuant to 26 USC §6041(a), I cannot lawfully earn reportable “income” as defined
at the same time not statutorily “exempt” nor am I an “exempt in 26 USC §643(b) because I am not the public “trust” or “estate” described therein. IRM 5.1.11.6.8,
individual”. 26 USC §§6020(b) and 6201 forbids the IRS to do an assessment or SFR on me, and even if they do,
it’s still only a proposal that requires my CONSENT, which I DO NOT give and never have given.
Expressio unius est exclusio alterius
e I have no delegated authority to act on behalf of or contractually
obligate myself and/or the private entity I am representing to any
The rights of those domiciled in states of the Union and protected by the Constitution such as
myself and/or the entity I represent are “unalienable”, which legally means that they cannot lawfully
obligation, franchise, or “benefit” offered by any government. The be sold, bargained away, or transferred through any commercial process, INCLUDING franchises.
authority to contract with any government is expressly forbidden in Only those domiciled on federal territory may therefore lawfully enter into such contracts and I am
the entity formation documents and/or fundamental law and therefore not domiciled on federal territory but rather am present within a state of the Union and protected
all contracts or franchises arising out of my consent are void ab initio. by the Constitution. See: 1. Unalienable Rights Course, Form #12.038;
https://sedm.org/LibertyU/UnalienableRights.pdf; 2. Delegation of Authority Order from God to
Christians, Form #13.007; https://sedm.org/Forms/13-
SelfFamilyChurchGovnce/DelOfAuthority.pdf.
Affidavit of Fraudulent Form 1099 (MISC/R/DIV/S) and Official Criminal Complaint, Form #04.309 Page 1
9 Efforts to notify IRS and person filing false 1099 (MISC/R/DIV/S) to correct these reports (check all that apply)
Check Action Date(s) Details/Contact
accomplished
a Submitted IRS Form W-8BEN
e Other (specify):
Purpose of Form. Security Statement (received at least a full year after the date shown on
● is intended for use only by “non-resident non-persons” who are “non- line 4) against this form. If the earnings fraudulently reported or withheld
filers” (26 USC §6651 Notes defines), not “taxpayers” (26 USC §§1313 are not corrected by this form and promptly refunded under equity and
and 7701(a)(14)), and not “individuals” (26 CFR §1.1441-1(c )(3)). not law, you should contact the Social Security Administration (SSA) at
These parties are described in the following memorandum: Non- the telephone number shown on the statement.
Resident Non-Person Position, Form #05.020; Submitters of this Form NOT Subject to Penalties. Penalties against
https://sedm.org/Forms/05- the Submitter of this form are unlawful. Only “U.S. persons” (26 USC
MemLaw/NonresidentNonPersonPosition.pdf §7701(a)(30)) domiciled on federal territory within the “United States” (26
● is a custom form because IRS does not have a form to only correct USC §7701(a)(9) and (a)(10)) and who are subject to federal civil law may
false original Forms 1099-MISC/R/DIV/S. be penalized. Such “persons” may NOT use this form. Nonresident
● is NOT a substitute for Forms 1099-MISC/R/DIV/S, but rather parties who use this form are not “exempt”, but rather “not subject” to
invalidates the corresponding form entirely by connecting it to fraud and either federal civil law or to the penalties that such law might impute.
criminal activity. Thus, the original false Form 1099 submission becomes
IRS Penalties for use or abuse of this form or accompanying tax
“fruit of a poisonous tree” inadmissible as evidence and unusable as a basis
return. Information regarding the Submitter of this form and in the
for further probable cause in tax enforcement.
temporary possession or use of the recipient is: 1. Information about a
● is completed by a nonresident victim of a false and fraudulent Form 1099
private party who is NOT a “public officer” and who does not consent and
when a private, non-federal company, or payer, either refuses their
has no capacity to consent to act as a public officer; 2. Protected by a
withholding form or compels them to submit a W-7, W-9, or SS-5 form franchise agreement to which the recipient indicates their consent by
that the Submitter KNOWS is false and fraudulent and done so only in using, storing, or disclosing said information; 3. The exclusive property of
order to get or keep a job, work relationship, or complete a private sector the party who is described; 4. Subject to private copyright. Any abuse
transaction. of this information without the express written consent of the Submitter to
If you satisfy the audience for this form, you should always attempt to induce any flow of money or consideration to the recipient is protected by
get your private work associates to STOP submitting Form 1099-R, 1099- copyright and license and subjects the recipient to the following liabilities
MISC, or 1099-DIV before contacting the IRS or filing this form. for infraction:
Generally, do not file Form 1099-CC before April 15 of the year in which ● Pay any tax or penalty assessments against the submitter out of
it pertains. their private pay and benefits if used for tax enforcement or collection.
Note. Retain a copy of this form for your records. Check your Social
Affidavit of Fraudulent Form 1099 (MISC/R/DIV/S) and Official Criminal Complaint, Form #04.309 Page 2
● Substitute him/her self as the substitute defendant if this
information is used to civilly or criminally prosecute the submitter.
● Allow the submitter to exercise power of attorney on their behalf of
the recipient, and to file a contractual lien on any private property they
own under said power of attorney.
● Compensate the Submitter for attorney’s fees and/or costs
required to recover penalties and/or assessments under this
franchise agreement which the recipient refuses to pay voluntarily.
WARNING: Interfering with or penalizing the submission of, or
advising changes to this form is a CRIME! This form constitutes a
formal criminal complaint providing legally admissible evidence of fraud
on the part of the original information returns submitted by the party
identified in section(s) (5) and (6) of this form.
● Directing or advising what should go on this form constitutes
perjury and conspiracy to commit perjury in violation of 18 USC
§1001, 18 USC §1621 and subornation of perjury in violation of 18
USC §1622.
● Penalizing or threatening the submitter to withdraw this form
constitutes threatening a protected federal witness in violation of 18
USC §1512 and obstruction of justice in violation of 18 USC Chapt.
73.
● Any IRS or state revenue employee or agent who receives this form and
fails or omits to act promptly in correcting the false information described
within government records could be prosecuted for the following crimes:
accessory after the fact (18 USC §3), and misprision of felony (18 USC
§4), computer fraud (18 USC §1030), and identity theft (42 USC
§405(c)(2)(C)(i), 42 USC §408(a)(7), 18 USC §1028(a)(7), 18 USC
§1028A, 18 USC §654).
Affidavit of Fraudulent Form 1099 (MISC/R/DIV/S) and Official Criminal Complaint, Form #04.309 Page 3
AFFIDAVIT OF CITIZENSHIP, DOMICILE, AND TAX STATUS
FORM INSTRUCTIONS
Last revised: 5/10/2017
1. PURPOSE:
1.1. This form is used to precisely document your citizenship, domicile, and tax status. It is useful in many
circumstances, including as a substitute for the older IRS form W-8, which was terminated by the IRS in 2002 with
no replacement. The reason the IRS terminated this form is because:
1.1.1. They don’t want people to have legal proof that the IRS MUST leave them alone because they are
nontaxpayers.
1.1.2. They don’t want to provide an alternative for stopping withholding that might supplant IRS form W-4, because
they want EVERYONE to wrongfully presume that they are statutory “U.S. citizens”, federal “employees” and
“public officers” engaged in privileged, excise taxable “trade or business”. See the following for details:
1.1.2.1. Why Your Government is Either a Thief or You are a “Public Officer” for Income Tax Purposes, Form
#05.008
http://sedm.org/Forms/FormIndex.htm
1.1.2.2. The Trade or Business Scam, Form #05.001
http://sedm.org/Forms/FormIndex.htm
1.1.3. They don’t want people to have a way to legally document that they are not required to provide a Social
Security Number when opening financial accounts, in accordance with 31 C.F.R. §1020.410(b)(3)(x) and 31
C.F.R. §306.10 Note 2.
1.2. This form is helpful in destroying false presumptions of the recipient and shifting the burden of proof onto the
recipient to prove that you are a “U.S. person”, a “taxpayer”, or a person who must supply an identifying number
because you are a federal “public officer”. This helps defend your status and provides a legal roadblock for those
who want to destroy your true legal status as a sovereign natural person and a “nontaxpayer”.
1.3. You need this form because:
1.3.1. Neither the IRS nor most states provide a form for use by those who are all the following:
1.3.1.1. Non-residents.
1.3.1.2. Nontaxpayers.
1.3.1.3. Not statutory “individuals” or “persons” under federal law.
1.3.1.4. Not engaged in a “trade or business”.
1.3.2. If you use standard IRS forms and sign them under penalty of perjury as a “nontaxpayer”, you are committing
perjury under penalty of perjury in most cases by misrepresenting yourself as a “taxpayer” or a “resident alien”.
See:
1.3.2.1. Who are "taxpayers" and who Needs a "Taxpayer Identification Number"?, Form #05.013
http://sedm.org/Forms/FormIndex.htm
1.3.2.2. “Taxpayer” v. "Nontaxpayer"-Which one are You?
http://famguardian.org/Subjects/Taxes/Remedies/TaxpayerVNontaxpayer.htm
1.4. A simpler version of this form is also available below:
About IRS Form W-8BEN, Form #04.202
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
2. CIRCUMSTANCES WHEN THIS FORM IS APPROPRIATE:
2.1. When starting a new job at a private employer.
2.2. When opening financial accounts, to document why you aren’t required to provide a Social Security Number.
2.3. With business associates to document why you aren’t subject to tax withholding or reporting.
2.4. As an attachment to a government form or application to prove why you are not subject to their jurisdiction.
2.5. Attach to legal pleadings to document your status with the court.
2.6. As an attachment to driver’s license to show why you are a nonresident applicant who is a nontaxpayer.
3. PROCEDURE FOR USE:
3.1. This form is electronically fillable. If you have the free Adobe Acrobat Reader available at http://adobe.com, you
can fill in all the fields and print it out. If you have the full version of Adobe Acrobat, you can also save the filled in
form for later reuse.
3.2. Fill in blocks 1 through 10. The form is electronically fillable from within Adobe Acrobat and you can save the filled
in form for future reuse.
3.3. Block 11, Citizenship: If you live within or were born within a state of the Union, check the first item in Block 11:
“Constitutional but not statutory ‘Citizen’”. You can also form your own government and instead check the first
item. For instance, you could form your own family government and put “Smith Family” as the alternate government
The presumption rules at 26 C.F.R. §1441-1(b)(3) DO NOT allow you to presume or enforce any status OTHER than that which I report here.
Conclusive presumptions which impair constitutional rights by imposing civl status changes that are simply FALSE are unconstitutional, a
criminal tort of identity theft, and FRAUD on the part of the submitter. This form and the information herein is classified as “reliable
documentation” under the rules because it is signed under penalty of perjury and satisfies the requirements for a “Withholding Certificate”
described in 26 C.F.R. §1.1441-1(c)(16) through (c)(18).
To briefly summarize the direct impact on you, the Recipient and/or non-statutory “payor”:
1. The transactions to which our relationship relates are not in the geographical “United States” as defined in 26 U.S.C. §7701(a)(9) and
(a)(10) and 4 U.S.C. §110(d) and therefore are not “U.S. source” payments. Neither are they earned by a statutory “citizen of the
United States” (8 U.S.C. §1401) abroad as “United States” is therein defined. Therefore they are not foreign source payments earned
abroad either. Our relationship is therefore not governed by the Internal Revenue Code.
2. You may not deduct or withhold from amounts you pay me. Withholding only pertains to Nonresident Aliens under I.R.C. Chapter 24
and I am NOT such an alien. Doing so would therefore be a taking of property without compensation in violation of the Fifth
Amendment, and criminal extorition if a threat of termination of our relationship is used to misrepresent my status and obligations.
3. You may not report any of the payments made using any published information return because 26 U.S.C. §6041(a) allows such
reports ONLY in the case I am engaged in a statutory “trade or business”, which is defined as a public office in 26 U.S.C.
§7701(a)(26). I am NOT engaged in a “trade or business” and making look like I am is a CRIME pursuant to 18 U.S.C. §912. You are
demanded to provide court admissible proof at the time of submission of this form or forever be estopped from changing your position
later.
4. You may not request or demand a Social Security Number or Taxpayer Identification Number because I am not required to give you
one. I am not eligible to participate in Social Security and forcing me to submit one or using one anyway is a crime pursuant to 18
U.S.C. 912 and 42 U.S.C. §408. Furthermore, any regulations that require said number exceed the scope of the statutes. Nowhere in
the statutes are such numbers ever required for those who are not statutory “persons”, “taxpayers”, “citizens”, or “residents” or those
not domicled on federal territory or representing entities so domiciled.
The bulk of this form provides legally admissible evidence proving the above that you may submit to your legal counsel if you have questions. It
is provided because this request may appear unusual or even erroneous, but in fact is fully justified by the extensive legal authorities provided.
If you or your legal counsel have questions, I would be happy to answer them under penalty of perjury if you like, so long as your questions and
your interpretation of this submission leading to the questions are also submitted in writing under penalty of perjury. Do not attempt to have a
meeting to avoid a paper trail over this issue or limit risk or liability on your part. All responses must be in writing signed under penalty of perjury,
just as you have requested me to provide in submitting this form. This form constitutes testimony of a witness and any attempt to coerce non-
submission or change its content without supporting court admissible evidence on your part is criminal witness tampering.
2. Mailing Address
(NOT a domicile)
3. City 4. State
5. Zip 6. Country
7. Phone 8. Email
9. Date of Birth: 10. Place of Birth:
11. CITIZENSHIP: 12. DOMICILE:
(Check only one. See Appendix, item #16-18 for explanation) (Check only one, NO other “residences”). See and rebut the following within 30 days if you
disagree or forever be estopped from later challenging it. Why Domicile and Becoming a
“Taxpayer” Require Your Consent, Form #05.002; http://sedm.org/Forms/FormIndex.htm
11.1 Constitutional but not statutory “Citizen”. “national” but not
“citizen” under federal law pursuant to 8 U.S.C. §1101(a)(21). Born 12.1 Nonfederal areas within de jure state of the Union:
"...The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the
purchaser of labor to prescribe the conditions under which he will accept such labor from the person offering to sell it."
_____________________________________________________________________________________________
26 C.F.R. §31.3401(a)-3 Amounts deemed wages under voluntary withholding agreements
(a) In general.
Notwithstanding the exceptions to the definition of wages specified in section 3401(a) and the regulations thereunder, the term
“wages” includes the amounts described in paragraph (b)(1) of this section with respect to which there is a voluntary withholding
agreement in effect under section 3402(p). References in this chapter to the definition of wages contained in section 3401(a) shall be
deemed to refer also to this section (§31.3401(a)–3.
(a) In general.
An employee and his employer may enter into an agreement under section 3402(b) to provide for the withholding of income tax upon
payments of amounts described in paragraph (b)(1) of §31.3401(a)–3, made after December 31, 1970. An agreement may be entered
into under this section only with respect to amounts which are includible in the gross income of the employee under section 61,
and must be applicable to all such amounts paid by the employer to the employee. The amount to be withheld pursuant to an
agreement under section 3402(p) shall be determined under the rules contained in section 3402 and the regulations thereunder. See
§31.3405(c)–1, Q&A–3 concerning agreements to have more than 20-percent Federal income tax withheld from eligible rollover
distributions within the meaning of section 402.
11. If I never give you an IRS form W-4 and thereby consent to call what I earn “wages” as defined in the Internal Revenue Code, then you
can’t lawfully withhold or report anything:
11.1. Everything that goes on the IRS form W-2 constitutes STATUTORY “wages” as legally defined and not commonly understood.
11.2. Tax withholding ONLY pertains to “wages” as legally defined and NOT all earnings. The U.S. Supreme Court confirmed this:
“We must reject in this case, as we have rejected in cases arising under the Corporation Excise Tax Act of 1909 (Doyle,
Collector, v. Mitchell Brothers Co., 247 U.S. 179, 38 Sup. Ct. 467, 62 L. Ed.--), the broad contention submitted on behalf
of the government that all receipts—everything that comes in-are income within the proper definition of the term ‘gross
income,’ and that the entire proceeds of a conversion of capital assets, in whatever form and under whatever
circumstances accomplished, should be treated as gross income. Certainly the term “income’ has no broader meaning in
the 1913 act than in that of 1909 (see Stratton’s Independence v. Howbert, 231 U.S. 399, 416, 417 S., 34 Sup. Ct. 136),
and for the present purpose we assume there is no difference in its meaning as used in the two acts.”
[Southern Pacific Co., v. Lowe, 247 U.S. 330, 335, 38 S.Ct. 540 (1918)]
11.3. If you are ordered by the IRS to withhold at single zero because I refuse to submit an IRS form W-4, then you must withhold and
report ONLY on “wages” as statutorily defined and limited pursuant to the I.R.C. “trade or business” franchise agreement and 26
U.S.C. §6941(a). I don’t earn “wages” if I never consented to call them “wages” using a private contract called an IRS form W-4.
12. On the subject of unlawful withholding, the Bible says the following. “Wages” as used below implies the ordinary and excludes the statutory
definition:
"Woe to him who builds his house by unrighteousness
And his chambers by injustice,
Who [whether individual or government] uses his neighbor's service without wages
And gives him nothing for his work,"
[Jer. 22:13, Bible, NKJV]
"Come now, you rich, weep and howl for your miseries that are coming upon you! Your riches are corrupted, and your garments are
moth-eaten. Your gold and silver are corroded, and their corrosion will be a witness against you and will eat your flesh like fire. You
have heaped up treasure in the last days. Indeed the wages of the laborers who mowed your fields, which you kept back by fraud,
cry out; and the cries of the reapers have reached the ears of the Lord of Saboath. You [the business owner who controls the purse
of the workers] have lived on the earth in pleasure and luxury; you have fattened your hearts as in a day of slaughter. You have
condemned, you have murdered the just; he does not resist you. "
[James 5:1-6, Bible, NKJV]
"You shall not cheat your neighbor, nor rob him. The wages of him who is hired shall not remain with you all night until morning.
"
[Lev. 19:13, Bible, NKJV]
17. TAX REPORTING LEGAL REQUIREMENTS:
1. WARNING: It is a criminal offense to file information returns against any payments you make in connection with our relationship.
Filing of false information returns carries severe civil and criminal penalties. Information returns include IRS Forms W-2, 1042S,
1098, and 1099. I can only earn “wages” reportable on an IRS form W-2 if I am lawfully engaged in a “public office” in the U.S.
Government as required by 26 U.S.C. §6041(a). Voluntarily signing a contract/agreement called an IRS form W-4 is the only way that a
non-resident NON-person not engaged in a “trade or business” can engage in such a “public office” per 26 C.F.R. §31.3401(a)-3(a), and 26
C.F.R. §31.3402(p)-1. Otherwise, it is a crime to impersonate a public officer in violation of 18 U.S.C. §912 to file an information return. If
you file any kind of information return relating to me, you will be guilty of conspiracy to commit all the following crimes and civil infractions:
1.1. False information returns submitted in violation of 26 U.S.C. §7434. Punishment is all attorney fees plus twice the false amount
reported.
1.2. Impersonating a public officer in violation of 18 U.S.C. §912. Punishment is a fine and up to three years in jail. Only “public officers”
can act as “taxpayers”, and you are creating a false presumption that I am a “taxpayer” by filing false information returns.
1.3. Conversion of private property to a public use, public purpose, and public office as a “withholding agent” in violation of 18 U.S.C.
§654.
1.4. Impersonating a statutory “U.S. citizen” pursuant to 18 U.S.C. §911. Punishment is a fine and up to three years in jail. Only statutory
and not constitutional “U.S. citizens” can lawfully act as “public officers” engaged in a “trade or business” and I am NOT a statutory
“U.S. citizen” pursuant to 8 U.S.C. §1401 or 26 U.S.C. §7701(a)(30), but rather a non-resident non-person and CONSTITUTIONAL
citizen.
1.5. False information returns in violation of 26 U.S.C. §7206. Punishment is up to a $100,000 fine and 3 years in jail to file a false
information return.
1.6. False information returns in violation of 26 U.S.C. §7207. Punishment is up to $10,000 and 1 year in jail to submit a false information
return.
1.7. Perjury in violation of 18 U.S.C. §1001 and 18 U.S.C. §1621. The IRS Forms W-3 and 1096 submitted with the information return is
signed under penalty of perjury and verifies the accuracy of the accompanying information return. These forms are submitted as a
government officer and agent called a “withholding agent” defined in 26 U.S.C. §7701(a)(16). Those forms are FRAUDULENT now
that you have been notified that they are false and you willfully refuse to either stop filing the false report or correct the false reports
Withholding and Reporting Certificate in Lieu of IRS Form W-8 Page 6 of 28
Copyright SEDM, http://sedm.org, Form 02.001, Rev. 5-10-2017
already filed.
2. IRS Publication 515 indicates that nonresident aliens who give you IRS form W-8BEN are exempt from 1099 reporting. This form serves
the equivalent purpose and is a superset of that form. It, rather than the W-8BEN, had to be created and submitted because submitter is
NOT a “nonresident alien” or “person”, but rather a “non-resident non-person” not subject but not statutorily “exempt” in relation to the
Internal Revenue Code Subtitles A and C.
"Foreign persons who provide Form W–8BEN, Form W–8ECI, or Form W–8EXP (or applicable documentary evidence) are exempt
from backup withholding and Form 1099 reporting."
[IRS Publication 515, Year 2017, p. 4]
3. 26 U.S.C. §6041 says that only earnings connected with a “trade or business” may be reported on an information return such as IRS forms
W-2, W-3, 1042-S, 1096, and 1099.
TITLE 26 > Subtitle F > CHAPTER 61 > Subchapter A > PART III > Subpart B > § 6041
§ 6041. Information at source
(a) Payments of $600 or more
All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent,
salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and
income (other than payments to which section 6042 (a)(1), 6044 (a)(1), 6047 (e), 6049 (a), or 6050N (a) applies, and other than
payments with respect to which a statement is required under the authority of section 6042 (a)(2), 6044 (a)(2), or 6045), of $600 or
more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States
having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for,
shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent
as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of
the recipient of such payment.
4. None of the earnings connected with our relationship pertains to a “trade or business” as statutorily defined below, and therefore is not
subject to reporting:
26 U.S.C. Sec. 7701(a)(26)
"The term 'trade or business' includes the performance of the functions of a public office."
5. The term “income” is defined in 26 U.S.C. §643(b), and only “income” may be reported. Since I am NOT an “estate or trust”, I earn no
reportable “income”:
TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter J > PART I > Subpart A > § 643
§643. Definitions applicable to subparts A, B, C, and D
(b) Income
For purposes of this subpart and subparts B, C, and D, the term “income”, when not preceded by the words “taxable”,
“distributable net”, “undistributed net”, or “gross”, means the amount of income of the estate or trust for the taxable year
determined under the terms of the governing instrument and applicable local law. Items of gross income constituting extraordinary
dividends or taxable stock dividends which the fiduciary, acting in good faith, determines to be allocable to corpus under the terms of
the governing instrument and applicable local law shall not be considered income.
IRS Form 1042-S may only be prepared in the case of statutory “nonresident aliens INDIVIDUALS” (per 26 U.S.C. §7701(b)(1)(B) who
have “income” from “sources within the statutory but not constitutional “United States” that is not connected with a “trade or business” and
therefore constitutes “gross income” within the meaning of 26 U.S.C. §61. All such sources are expressly indicated in 26 U.S.C. §871(a).
All of these sources are government payments. The transactions likely to occur between us are NOT government payments and are not
listed in 26 U.S.C. §871(a), and therefore may not lawfully be reported. For further details, see the following article:
Correcting Erroneous Information Returns, Form #04.001; http://sedm.org/Forms/FormIndex.htm
(b)(3) A taxpayer identification number required under paragraph (a)(1) of this section need not be secured for accounts or
transactions with the following:
(x) non-resident aliens who are not engaged in a trade or business in the United States.
In instances described in paragraphs (a)(3), (viii) and (ix) of this section, the bank shall, within 15 days following the end of any
calendar year in which the interest accrued in that year is $10 or more use its best effort to secure and maintain the appropriate
taxpayer identification number or application form therefor.
15. It amounts to “compelled association” in violation of the First Amendment to force me to associate with or be identified as a “U.S. person”
(under 26 U.S.C. §7701(a)(30)), a statutory “U.S. citizen” (under 8 U.S.C. §1401), or a “taxpayer” (under 26 U.S.C. §7701(a)(14) or any
status OTHER than that described above. I would also be committing perjury under penalty of perjury to sign any government form that
identified me as any of these three types of entities.
16. I will not allow you to compel me to participate in the “trade or business” franchise or contract with the government by changing my status to
be anything other than that described herein. All franchises are contracts between the grantor and the grantee:
As a rule, franchises spring from contracts between the sovereign power and private citizens, made upon valuable considerations,
for purposes of individual advantage as well as public benefit, 1 and thus a franchise partakes of a double nature and character. So
far as it affects or concerns the public, it is publici juris and is subject to governmental control. The legislature may prescribe the
manner of granting it, to whom it may be granted, the conditions and terms upon which it may be held, and the duty of the grantee to
the public in exercising it, and may also provide for its forfeiture upon the failure of the grantee to perform that duty. But when
granted, it becomes the property of the grantee, and is a private right, subject only to the governmental control growing out of its
other nature as publici juris. 2
1 Georgia R. & Power Co. v. Atlanta, 154 Ga 731, 115 SE 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La 857, 47 So 2d 665; Tower v. Tower & S. Street
But thou, O man of God, flee these things; and follow after righteousness, godliness, faith, love, patience, meekness.
Fight the good fight of faith, lay hold on eternal life, whereunto thou art also called, and hast professed a good profession before
many witnesses.”
[1 Timothy 6:5-12, Bible, NKJV]
1.4. By the Recipient, who may have refused to accept this form or sent it back, because they knew they were violating both the law and
my rights and wanted to obstruct justice, destroy evidence of their wrongdoing, and tamper with a federal witness because this form
is signed under penalty of perjury.
2. I was therefore under unlawful duress and the target of racketeering, extortion, and/or unconscionable “adhesion contracts” by the
recipient/government.
3. The origin of the duress was the Recipient of this form acting in a quasi-governmental and “public officer” capacity as a “withholding agent”
pursuant to 26 U.S.C. §7701(a)(16) and who is therefore legally liable to respect my constitutional rights and REFUSED demands to do so.
. . .AND
4. The result of the unlawful duress was that I was compelled to contract with or engage in commerce with the government against my will
and/or religious beliefs in violation of Article 1, Section 10 of the United States Constitution, and to donate private property to a public use,
public purpose, and/or public office in the government such as the “trade or business” franchise that is the heart of the Internal Revenue
Code. Participation in all government franchises is an act of contracting because all franchises are contracts.
I hereby for the record declare as void, untrustworthy, and not admissible as evidence of any obligation on my part any and all forms,
declarations of status, or other correspondence in conflict with this form or any attached form I may have provided because submitted under
unlawful duress.
“An agreement [consensual contract] obtained by duress, coercion, or intimidation is invalid, since the party coerced is not
exercising his free will, and the test is not so much the means by which the party is compelled to execute the agreement as the state of
mind induced. 3 Duress, like fraud, rarely becomes material, except where a contract or conveyance has been made which the maker
An expanded version of this duress statement is contained at the following address and is hereby incorporated into this document by reference:
1. Advising me what to put on this form or any tax or withholding form and thereby conspire to commit PERJURY in violation of 18 U.S.C.
§1542, 18 U.S.C. §911, 18 U.S.C. §1001, and 18 U.S.C. §1621. All such attempts shall form an inseparable part of the forms you both
receive and must keep on file so that you may be held accountable.
2. Refusing to honor that status that I describe here and thereby compelling me to commit perjury for the PRIVILEGE of being treated
EQUALLY to everyone else you service.
3. Telling me that what I put on the form is INCORRECT or FALSE and thereby refusing to accept the form, and yet refusing to offer legal
evidence signed under penalty of perjury (as required by 26 U.S.C. §6065) PROVING that it is false.
4. Threatening to withhold service or discriminate against me while acting as a public officer called a “withholding agent” defined in 26 U.S.C.
§7701(a)(14). That would be a denial of equal protection of the law.
5. Imputing or assuming a legal status OTHER than what I put here, and which might subject me to illegal enforcement or penalties against
parties not subject. All such activities constitute an unconstitutional “Bill of Attainder” if implemented against those not consensually and
lawfully engaged in government franchises. Not even federal judges can make such determinations. 28 U.S.C. §2201(a) forbids such
determinations.
Consistent with the above, if any of the above criminal witness tampering has occurred or will occur, the following additional checkboxes are
provided to document said tampering so that it may become legal evidence useful against the recipient in a subsequent enforcement
proceeding. The Submitter, by checking and initialing any of the boxes below certifies the existence of witness tampering in the context of this
transaction:
Advised me to put information on tax withholding forms that I know is FALSE and thus conspired to commit perjury. Initial:_____
Refused to do business with me unless I committed perjury on tax withholding forms, and thus deprived me of equal protection and equal
treatment while acting as a public officer of the U.S. government called a “withholding agent”. Initial:_____
Identified the information I provided as FALSE but refusing to provide court admissible evidence signed under penalty of perjury (as required
by 26 U.S.C. §6065) PROVING it is. Thus, they created the equivalent of a state sponsored religion in which presumption serves as a
substitute for “faith” and which forces me to “worship” and serve the pagan government as a superior or supernatural being in violation of the
First Amendment and Thirteenth Amendment. Initial:_____
Stole from me or subjected me to involuntary servitude as a public officer “withholding agent” by imputing a statutory status to me that was
UNTRUE. Initial:_____
SECTION 5: MANDATORY FRANCHISE AGREEMENT
All information relating to Submitter and all property of the Submitter in the custody or control or influence of the Recipient, including but not
limited to the labor and earnings of the Submitter, are protected by the following franchise agreement, which is hereby incorporated by reference
into this submission.
The above franchise shall govern any all commercial or governmental uses of information relating to or property owned by the Submitter both
prior to and after this submission and all relationships between the Submitter and any government or government agent, officer, or withholding
agent. By accepting or using or affecting all such information or property relating to the Submitter for any purpose, the Recipient of this form and
all his/her/its agents, assigns, and any and all government entities he or she or it represents implicitly consents to all present and future versions
of the above franchise. If Recipient is acting as a tax withholding or reporting agent under 26 U.S.C. §7701(a)(16), Recipient represents that
4Barnette v. Wells Fargo Nevada Nat’l Bank, 270 U.S. 438, 70 L.Ed 669, 46 S Ct 326 (holding that acts induced by duress which operate solely on the mind, and fall short of actual physical
compulsion, are not void at law, but are voidable only, at the election of him whose acts were induced by it); Faske v. Gershman, 30 Misc 2d 442, 215 NYS2d 144; Glenney v. Crane (Tex Civ
App Houston (1st Dist)) 352 SW2d 773, writ ref n r e (May 16, 1962); Carroll v. Fetty, 121 W.Va 215, 2 SE.2d 521, cert den 308 U.S. 571, 84 L.Ed 479, 60 S Ct 85.
5Faske v. Gershman, 30 Misc 2d 442, 215 NYS2d 144; Heider v. Unicume, 142 Or 416, 20 P2d 384; Glenney v. Crane (Tex Civ App Houston (1st Dist)) 352 SW2d 773, writ ref n r e (May 16,
1962)
6Restatement 2d, Contracts § 174, stating that if conduct that appears to be a manifestation of assent by a party who does not intend to engage in that conduct is physically compelled by
duress, the conduct is not effective as a manifestation of assent.
If the Submitter of this form is treated by any government or court as a public officer or as being engaged in a statutory “trade or business” per 2
U.S.C. §7701(a)(26) in relation to the transaction or relationship established or described by this submission and any attached forms, Submitter
hereby exercises his sovereign capacity as said compelled and public officer of any and all governments he or she is imputed to represent in
consenting to this agreement on behalf of said government, and in assigning the role of “Government Actor” to everyone in the government who
might benefit commercially or financially, both directly or indirectly, by using the information or property protected by the above franchise
contract for their commercial benefit.
This attachment shall accompany any and all tax forms, withholding forms, and reporting forms in the custody of the Recipient and his agent or
assigns, and any and all reports sent to any government entity and relating to the Submitter in order to give reasonable notice to all parties
affected by the above franchise. It shall especially accompany all information returns submitted by the Recipient or his/her/its agents and
assigns to any government, including but not limited to IRS forms W-2,1042-S, 1098, and 1099.
Like government laws, the above franchise agreement is subject to change without notice to the Recipient of this form or the government
he/she/it is acting as an agent for. This is a requirement of the mandate for equal protection and equal treatment that is the foundation of the
United States Constitution. Caveat emptor.
SECTION 6: ENCLOSURES
Block 18
Check Enclosure description (in the order provided) Encl. # Mandatory/optional
_______________________________________
Signature
NOTARY PUBLIC CERTIFICATION
BEFORE ME, the undersigned authority, a Notary Public, of the County of ________________________, Republic of
____________________________________(state name), this _________ day of _______________________________, 20___,
___________________________________the above signed human being did appear and was identified by (circle one): driver’s
license/passport/other and who, upon first being duly sworn and/or affirmed, deposes and says that the aforegoing asseveration is true to the
best of his/her knowledge and belief.
I certify under PENALTY OF PERJURY under the laws of the State of ______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________________________SEAL
Notary Public
2. The “state” in the above definition is a state of the Union. All states of the Union are “foreign states” with respect to federal government
legislative jurisdiction, and therefore are lower case. Federal territories are capitalized as “State” within federal law. For example:
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 4 - THE STATES
Sec. 110. Same; definitions
(d) The term ''State'' includes any Territory or possession of the United States.
3. Even the “United States of America” passport recognizes the two types of citizenship defined in federal statutory law. On the inside cover
of the passport it says the following. Note the phrase “citizen/national”, which means “citizen OR national”:
“The Secretary of State of the United States of America hereby request all whom it may concern to permit the citizen/national of
the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection”
4. Below are some cites that establish the foreign relationship between the state and federal government for the purposes of legislative
jurisdiction:
Foreign States: “Nations outside of the United States…Term may also refer to another state; i.e. a sister state. The term ‘foreign
nations’, …should be construed to mean all nations and states other than that in which the action is brought; and hence, one state of
the Union is foreign to another, in that sense.”
[Black’s Law Dictionary, 6th Edition, p. 648]
___________________________________________________________________________________________________________
Foreign Laws: “The laws of a foreign country or sister state.”
[Black’s Law Dictionary, 6th Edition, p. 647]
___________________________________________________________________________________________________________
"Generally, the states of the Union sustain toward each other the relationship of independent sovereigns or independent foreign
states, except in so far as the United States is paramount as the dominating government, and in so far as the states are bound to
recognize the fraternity among sovereignties established by the federal Constitution, as by the provision requiring each state to give
full faith and credit to the public acts, records, and judicial proceedings of the other states..."
[81A Corpus Juris Secundum (C.J.S.), United States, §29, legal encyclopedia]
___________________________________________________________________________________________________________
“It is no longer open to question that the general government, unlike the states, Hammer v. Dagenhart, 247 U.S. 251, 275 , 38 S.Ct.
529, 3 A.L.R. 649, Ann.Cas.1918E 724, possesses no inherent power in respect of the internal affairs of the states; and emphatically
not with regard to legislation. The question in respect of the inherent power of that government as to the external affairs of the
Nation and in the field of international law is a wholly different matter which it is not necessary now to consider.
[Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855 (1936)]
5. The sole function of the federal government of the United States is to handle FOREIGN affairs with other countries, but it has no jurisdiction
within states of the Union, including taxation. All of its revenues must derive only from the external affairs over which it has exclusive
legislative jurisdiction. The rulings below occurred AFTER the passage of the Sixteenth Amendment and still limit the federal government
exclusively to external matters in relation to states of the Union.
“The States, after they formed the Union, continued to have the same range of [INTERNAL] taxing power which they had before,
barring only duties affecting exports, imports, and on tonnage [which all deal with FOREIGN/EXTERNAL commerce only]. 2
Congress, on the other hand, to lay taxes in order 'to pay the Debts and provide for the common Defence and general Welfare of the
United States', Art. 1, Sec. 8, U.S.C.A.Const., can reach every person and every dollar in the land with due regard to Constitutional
limitations as to the method of laying taxes.”
[Graves v. People of State of New York, 306 U.S. 466 (1939)]
___________________________________________________________________________________________________________
"The difficulties arising out of our dual form of government and the opportunities for differing opinions concerning the relative rights
of state and national governments are many; but for a very long time this court has steadfastly adhered to the doctrine that the taxing
power of Congress does not extend to the states or their political subdivisions. The same basic reasoning which leads to that
conclusion, we think, requires like limitation upon the power which springs from the bankruptcy clause. United States v. Butler,
supra." [Ashton v. Cameron County Water Improvement District No. 1, 298 U.S. 513; 56 S.Ct. 892 (1936)]
___________________________________________________________________________________________________________
Congress is authorized to lay and collect taxes, and to pay the debts, and provide for the common defence and general welfare of the
United States. This does not interfere with the power of the States to tax [internally] for the support of their own governments; nor is
the exercise of that power by the States [to tax INTERNALLY], an exercise of any portion of the power that is granted to the United
States [to tax EXTERNALLY]. In imposing taxes for State purposes, they are not doing what Congress is empowered to do. Congress
is not empowered to tax for those purposes which are within the exclusive province of the States. When, then, each government
exercises the power of taxation, neither is exercising the power of the other. But, when a State proceeds to regulate
commerce with foreign nations, or among the several States, it is exercising the very power that is granted to Congress, [22 U.S. 1,
200] and is doing the very thing which Congress is authorized to do. There is no analogy, then, between the power of taxation and the
power of regulating commerce. “
[Gibbons v. Ogden, 22 U.S. 21 (1824)]
The Union existed before the Constitution, which was ordained and established among other things to form 'a more perfect Union.'
Prior to that event, it is clear that the Union, declared by the Articles of Confederation to be 'perpetual,' was the sole possessor of
external sovereignty, and in the Union it remained without change save in so far as the Constitution in express terms qualified its
exercise. The Framers' Convention was called and exerted its powers upon the irrefutable postulate that though the states were
several their people in respect of foreign affairs were one.”
[United States v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936)]
6. The states of the Union are “foreign” to federal legislative jurisdiction, because, as the U.S. Supreme Court held above, they are not subject
to it. This is a result of what is called the “Separation of Powers Doctrine”, which was explained by the Supreme Court as follows:
". . . the Constitution divides authority [legislative jurisdiction] between federal and state governments for the protection of
individuals. State sovereignty is not just an end in itself: "Rather, federalism secures to citizens the liberties that derive from the
diffusion of sovereign power." Coleman v. Thompson, 501 U.S. 722, 759 (1991) (BLACKMUN, J., dissenting). "Just as the
separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive
power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny
and abuse from either front." Gregory v. [505 U.S. 144, 182] Ashcroft, 501 U.S., at 458 . See The Federalist No. 51, p. 323. (C.
Rossiter ed. 1961).”
[New York v. United States, 505 U.S. 144 (1992)]
8. The states of the Union are NOT “territory” of the federal government. They are instead INDEPENDENT and SOVEREIGN states:
86 Corpus Juris Secundum (C.J.S.) Legal Encyclopedia, Territories:
"§1. Definitions, Nature, and Distinctions
"The word 'territory,' when used to designate a political organization has a distinctive, fixed, and legal meaning under the political
institutions of the United States, and does not necessarily include all the territorial possessions of the United States, but may
include only the portions thereof which are organized and exercise governmental functions under act of congress."
"While the term 'territory' is often loosely used, and has even been construed to include municipal subdivisions of a territory, and
'territories of the' United States is sometimes used to refer to the entire domain over which the United States exercises dominion, the
word 'territory,' when used to designate a political organization, has a distinctive, fixed, and legal meaning under the political
institutions of the United States, and the term 'territory' or 'territories' does not necessarily include only a portion or the portions
thereof which are organized and exercise government functions under acts of congress. The term 'territories' has been defined to be
political subdivisions of the outlying dominion of the United States, and in this sense the term 'territory' is not a description of a
definite area of land but of a political unit governing and being governed as such. The question whether a particular subdivision or
entity is a territory is not determined by the particular form of government with which it is, more or less temporarily, invested.
"Territories' or 'territory' as including 'state' or 'states." While the term 'territories of the' United States may, under certain
circumstances, include the states of the Union, as used in the federal Constitution and in ordinary acts of congress "territory" does
not include a foreign state.
"As used in this title, the term 'territories' generally refers to the political subdivisions created by congress, and not within the
boundaries of any of the several states."
9. States of the Union retain their essential character as independent nations and foreign countries with respect to the federal government
except in the matter of EXTERNAL affairs delegated by them to the Federal Government in their corporate capacity as the “United States
of America”:
"The States between each other are sovereign and independent. They are distinct and separate sovereignties, except so far as they
have parted with some of the attributes of sovereignty by the Constitution. They continue to be nations, with all their rights, and
under all their national obligations, and with all the rights of nations in every particular; except in the surrender by each to the
common purposes and objects of the Union, under the Constitution. The rights of each State, when not so yielded up, remain
“In determining the boundaries of apparently conflicting powers between states and the general government, the proper question is,
not so much what has been, in terms, reserved to the states, as what has been, expressly or by necessary implication, granted by the
people to the national government; for each state possess all the powers of an independent and sovereign nation, except so far as
they have been ceded away by the constitution. The federal government is but a creature of the people of the states, and, like an
agent appointed for definite and specific purposes, must show an express or necessarily implied authority in the charter of its
appointment, to give validity to its acts.”
[People ex re. Atty. Gen. V. Naglee, 1 Cal. 234 (1850)]
10. A human being ( but NOT “person”) who is born in a state of the Union, which is outside of federal exclusive legislative jurisdiction, is called
a “national”. A person who is a “national” is subject to the “political jurisdiction” but not the “legislative jurisdiction” of their mother country
because they are outside of the territorial reach of its general laws. The circumstances or qualifications for becoming an “American
National” as such cannot be prescribed in any federal statute or law, because the Congress cannot write any law that governs what
happens within states of the Union, as the above citations indicate (see, for instance, Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct.
855 (1936)). The reason is that the states and the people in them are SOVEREIGN, and their creation, the federal government, cannot
be greater than its Creator, which is the states and the people in them. The federal government is a SERVANT to the states, not their
master: the equivalent of an independent contractor that handles EXTERNAL affairs only. This was confirmed by the Federalist Papers,
which were written prior to the ratification of the Constitution by the states of the Union in 1789:
“No legislative act [of Congress] contrary to the Constitution can be valid. To deny this would be to affirm that the deputy (agent)
[which is the federal government] is greater than his principal [the States and the people in them]; that the servant is above the
master; that the representatives of the people are superior to the people; that men, acting by virtue of powers may do not only what
their powers do not authorize, but what they forbid…[text omitted] It is not otherwise to be supposed that the Constitution could
intend to enable the representatives of the people to substitute their will to that of their constituents. It is far more rational to
suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other
things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar
province of the courts. A Constitution is, in fact, and must be regarded by judges, as fundamental law. If there should happen to be
an irreconcilable variance between the two, the Constitution is to be preferred to the statute.”
[Alexander Hamilton, Federalist Paper # 78]
11. It is absurdly ridiculous to demand from the submitter a federal statute that confers but not defines citizenship status of a person born
outside of federal jurisdiction. The laws of the states in the Union, and not federal law, govern the citizenship status of people born within
their exclusive jurisdiction. States of the Union have exclusive and “plenary” jurisdiction to determine the status of people born within their
jurisdiction and they have never yielded that authority to the federal government either in the Constitution or in any subsequent
amendment or enactment. To conclude otherwise is to admit that states of the Union have NO SOVEREIGNTY, because the federal
government could just pass a law to literally STEAL all of their citizens. If the federal government had jurisdiction to pass a law that
allowed them to STEAL all the citizens of the states, then the states would be left with no one to govern!
12. Congress has the power to “naturalize” people coming into America, and when they do this, these people become statutory “nationals”
and constitutional but not statutory “Citizens”.
"Provision of Nationality Act of 1940 that a person becoming a national by naturalization shall lose his nationality by residing
continuously for three years in territory of a foreign state, being practically identical to its successor, which was condemned by
United States Supreme Court as discriminatory, would have been invalid as a congressional attempt to expatriate regardless of
intent."
[United States v. Lucienne D'Hotelle, 558 F.2d 37 (1976)]
The statutory definition of “naturalization” confirms that in America, naturalization means conferring the character of a statutory “national”
and not a statutory “citizen”:
8 U.S.C. §1101(a)(23) naturalization defined
(a)(23) The term ''naturalization'' means the conferring of nationality [NOT "citizen" or "U.S. citizen" status, but "nationality", which
means "national"] of a state [of the Union] upon a person after birth, by any means whatsoever.
[NOTE: Compare with the definition of "expatriation"]
___________________________________________________________________________________________________________
“The power of naturalization, vested in congress by the constitution, is a power to confer citizenship, not a power to take it away. 'A
naturalized citizen,' said Chief Justice Marshall, 'becomes a member of the society, possessing all the rights of a native citizen, and
standing, in the view of the constitution, on the footing of a native. The constitution does not authorize congress to enlarge or
abridge those rights. The simple power of the national legislature[over citizenship] is to prescribe a uniform rule of naturalization,
and the exercise of this power exhausts it, so far as respects the individual.”
[U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)]
13. A human being who is a “national” but not a “citizen” under federal statutory law is identified as a “citizen of the United States” within the
Fourteenth Amendment to the U.S. Constitution. The United States Constitution confines itself to describing citizenship within the states
of the Union and therefore, the term “United States”, as used within the Constitution, means the collective states of the Union [called “The
United States of America”] and EXCLUDES federal territories and possessions and the District of Columbia. The “United States”
mentioned in the Constitution and the “United States” mentioned in most federal enactments are two completely different and mutually
exclusive places. This is shown in tabular form in Table 3 of the following pages. This is VERY important and fundamental to
understanding the Separation of Powers Doctrine.
14. If you would like to learn more about why people born in states of the Union are “nationals” rather than “citizens” under federal law, refer to
the pamphlet below:
Why you are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006
17. The table below describes the effect that changes in domicile have on citizenship status in the case of both “foreign nationals” and
“domestic nationals”. A “domestic national” is anyone born anywhere within any one of the 50 states on nonfederal land or who was born
in any territory or possession of the United States. A “foreign national” is someone who was born anywhere outside of these areas.
NOTES:
1. “United States” is defined as federal territory within 26 U.S.C. §§7701(a)(9) and (a)(10), 7701(a)(39), and 7408(d), and 4 U.S.C.
§110(d). It does not include any portion of a Constitutional state of the Union.
2. The “District of Columbia” is statutorily defined as a federal corporation but not a physical place, a “body politic”, or a de jure
“government” within the District of Columbia Act of 1871, 16 Stat. 419, 426, Sec. 34. See: Corporatization and Privatization of the
Government, Form #05.024; http://sedm.org/Forms/FormIndex.htm.
3. “nationals” of the United States of America who are domiciled outside of federal jurisdiction, either in a state of the Union or a foreign
country, are “nationals” but not “citizens” under federal law. They also qualify as “nonresident aliens” under 26 U.S.C. §7701(b)(1)(B)
if and only if they are engaged in a public office. Otherwise, they are “non-resident non-persons” for the purposes of Internal Revenue
Code Subtitles A and C. See sections 4.11.2 of the Great IRS Hoax for details.
4. Temporary domicile in the middle column on the right must meet the requirements of the “Presence test” documented in IRS
publications.
5. “FEDERAL ZONE”=District of Columbia and territories of the United States in the above table
6. The term “individual” as used on the IRS form 1040 means an “alien” engaged in a “trade or business”. All “taxpayers” are “aliens”
engaged in a “trade or business”. This is confirmed by 26 C.F.R. §1.1441-1(c )(3), 26 C.F.R. §1.1-1(a)(2)(ii), and 5 U.S.C.
§552a(a)(2). Statutory “U.S. citizens” as defined in 8 U.S.C. §1401 are not “individuals” unless temporarily abroad pursuant to 26
U.S.C. §911 and subject to an income tax treaty with a foreign country. In that capacity, statutory “U.S. citizens” interface with the
I.R.C. as “aliens” rather than “U.S. citizens” through a tax treaty with a foreign country.
18. The following table describes the definition of various terms used on this form and in other contexts.
What the above table clearly shows is that the word “State” in the context of federal statutes and regulations means (not includes!)
federal States only under Title 48 of the U.S. Code10, and these areas do not include any of the 50 Union States. This is true in most
cases and especially in the Internal Revenue Code. In the context of the above, a “Union State” means one of the 50 Union states of the
United States* (the country, not the federal United States**), which are sovereign and foreign with respect to federal legislative
jurisdiction.
19. The following table starting on the next page describes the relationship of citizenship to tax status in the context of this form.
NOTES:
1. Domicile is a prerequisite to having any civil status per Federal Rule of Civil Procedure 17. One therefore cannot be a statutory "alien" under 8 U.S.C. §1101(a)(3) without a domicile or
even a physical presence on federal territory. Without such a domicile, you are a transient foreigner, a “non-resident non-person”, and neither an "alien" nor a "nonresident alien".
2. ”United States” is described in 8 U.S.C. §1101(a)(38), (a)(36) and 8 C.F.R. §215.1(f) and includes only federal territory and possessions and excludes all Constitutional Union states. This
is a product of the separation of powers doctrine that is the heart of the United States Constitution.
3. A “nonresident alien individual” who has made an election under 26 U.S.C. §6013(g) and (h) to be treated as a “resident alien” is treated as a “nonresident alien” for the purposes of
withholding under I.R.C. Subtitle C but retains their status as a “resident alien” under I.R.C. Subtitle A. See 26 C.F.R. §1.1441-1(c)(3) for the definition of “individual”, which means
“alien”.
4. A "non-person" is really just a transient foreigner who is not "purposefully availing themselves" of commerce within the legislative jurisdiction of the United States on federal territory under
the Foreign Sovereign Immunities Act, 28 U.S.C. Chapter 97. The real transition from a "NON-person" to an "individual" occurs when one:
4.1. "Purposefully avails themself" of commerce on federal territory and thus waives sovereign immunity. Examples of such purposeful availment are the next three items.
4.2. Lawfully and consensually occupying a public office in the U.S. government and thereby being an “officer and individual” as identified in 5 U.S.C. §2105(a). Otherwise, you are
PRIVATE and therefore beyond the civil legislative jurisdiction of the national government.
4.3. Voluntarily files an IRS Form 1040 as a citizen or resident abroad and takes the foreign tax deduction under 26 U.S.C. §911. This too is essentially an act of "purposeful availment".
Nonresidents are not mentioned in section 911. The upper left corner of the form identifies the filer as a “U.S. individual”. You cannot be an “U.S. individual” without ALSO being
an “individual”. All the "trade or business" deductions on the form presume the applicant is a public officer, and therefore the "individual" on the form is REALLY a public officer in
the government and would be committing FRAUD if he or she was NOT.
4.4. VOLUNTARILY fills out an IRS Form W-7 ITIN Application (IRS identifies the applicant as an "individual") AND only uses the assigned number in connection with their
compensation as an elected or appointed public officer. Using it in connection with PRIVATE earnings is FRAUD.
5. What turns a “non-resident NON-person” into a “nonresident alien individual” is being a public officer in the national government AND meeting one or more of the following two criteria:
Withholding and Reporting Certificate in Lieu of IRS Form W-8 Page 21 of 28
Copyright SEDM, http://sedm.org, Form 02.001, Rev. 5-10-2017
5.1. Residence/domicile in a foreign country under the residence article of an income tax treaty and 26 C.F.R. §301.7701(b)-7(a)(1).
5.2. Residence/domicile as an alien in Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, the U.S. Virgin Islands, or American Samoa as determined under 26 C.F.R.
§301.7701(b)-1(d).
6. All “taxpayers” are STATUTORY “aliens”. The definition of “individual” found in 26 C.F.R. §1.1441-1(c)(3) does NOT include “citizens”. The only occasion where a “citizen” can also be
an “individual” is when they are abroad under 26 U.S.C. §911 and interface to the I.R.C. under a tax treaty with a foreign country as an alien pursuant to 26 C.F.R. §301.7701(b)-7(a)(1)
And when he had come into the house, Jesus anticipated him, saying, "What do you think, Simon? From whom do the kings [governments] of the earth [lawfully] take
customs or taxes, from their sons [citizens and subjects] or from strangers ["aliens", which are synonymous with "residents" in the tax code, and exclude "citizens"]?”
Peter said to Him, "From strangers ["aliens"/"residents" ONLY. See 26 C.F.R. §1.1-1(a)(2)(ii) and 26 C.F.R. §1.1441-1(c)(3)]."
Jesus said to him, "Then the sons ["citizens" of the Republic, who are all sovereign "nationals" and "nonresident aliens" under federal law] are free [sovereign over
their own person and labor. e.g. SOVEREIGN IMMUNITY]. "
[Matt. 17:24-27, Bible, NKJV]
1. ”United States” is described in 8 U.S.C. §1101(a)(38), (a)(36) and 8 C.F.R. §215.1(f) and includes only federal territory and possessions and excludes
all Constitutional Union states. This is a product of the separation of powers doctrine that is the heart of the United States Constitution.
2. E-Verify CANNOT be used by those who are a NOT lawfully engaged in a public office in the U.S. government at the time of making application. Its use
is VOLUNTARY and cannot be compelled. Those who use it MUST have a Social Security Number or Taxpayer Identification Number and it is
ILLEGAL to apply for, use, or disclose said number for those not lawfully engaged in a public office in the U.S. government at the time of application.
See:
Why It is Illegal for Me to Request or Use a “Taxpayer Identification Number”, Form #04.205
http://sedm.org/Forms/FormIndex.htm
3. For instructions useful in filling out the forms mentioned in the above table, see:
3.1. Social Security Form SS-5:
Why You Aren’t Eligible for Social Security, Form #06.001
http://sedm.org/Forms/FormIndex.htm
3.2. IRS Form W-8:
About IRS Form W-8BEN, Form #04.202
http://sedm.org/Forms/FormIndex.htm
3.3. Department of State Form I-9:
I-9 Form Amended, Form #06.028
http://sedm.org/Forms/FormIndex.htm
3.4. E-Verify:
About E-Verify, Form #04.107
http://sedm.org/Forms/FormIndex.htm
NONRESIDENTS INHABITANTS
Domiciled within States of the Domiciled within Federal Territory
Union or Foreign Countries within the “United States**”
WITHOUT the “United States**” (e.g. District of Columbia)
Naturalization Expatriation
8 U.S.C. §1421 8 U.S.C. §1481
Naturalization Expatriation
8 U.S.C. §1421 8 U.S.C. §1481
“Constitutional
Citizens of United
States*** at birth” Statutory “citizen of
8 U.S.C. §1101(a)(21) the United States**”
Fourteenth Amendment
(born in States of the Union)
“Tax Home” (26 U.S.C. §911(d)(3)) for
federal officers and “employee” serving
within the national govenrment.
Cook v. Tait, 265 U.S. 47
If you would like a concise summary of all citizenship, domicile, and tax status options that is a superset of the above, see:
Citizenship, Domicile, and Tax Status Options Summary, Form #10.003
http://sedm.org/Forms/FormIndex.htm
US1 Abroad
1 5
US2 US2
Statutory national & Statutory national but
citizen at birth not citizen at birth
Defined in:
8 U.S.C. §1401 Defined in:
Domiciled in: 8 U.S.C. §1101(a)(22)(B)
-District of Columbia 8 U.S.C. §1408
-Territories belonging 8 U.S.C. §1452
to U.S.: Puerto Rico, Domiciled in:
Guam, Virgin Island, -American Samoa
Northern Mariana 2 -Swains Island
Islands 4
US3
Constitutional
US1 Citizen/national
Defined in:
US1
8 U.S.C. §1101(a)(21)
Amdmt XIV of Cont.
Law of Nations
Domiciled in:
-Constitutional but not
statutory “State” of the
Union
1 8 U.S.C. §1101(a)(21) “national”
5 8 U.S.C. §1101(a)(22)(B)-“person who, though not a citizen of the United States, owes permanent allegiance to the United States 1”
6 Federal Common law “national”. See Perkins v. Elg, 307 U.S. 325 (1939). NOT a “national of the United States” under 8 U.S.C. §1101(a)(22) UNLESS all
“United States” used there means the CONSTITUTIONAL “United States” and excludes federal territory AND “citizen” excludes 8 U.S.C. §1401 and
26 C.F.R. §1.1-1(c) “citizens”.
VENDOR FROM WHICH PURCHASED A tax exemption form AMOUNT OF TAX EXCLUDED ($)
has not previously
NAME
been issued and the STATE
described item(s) has
(have) been delivered LOCAL
ADDRESS (Number, Street, City, State, and ZIP Code) and invoiced
pursuant to: FOR ADMINISTRATIVE OFFICE
PURCHASE OR DESIGNATED OFFICE SYMBOL NUMBER
CONTRACT NUMBER
DATE:
The information on this form is true and correct to the best of my knowledge and belief.
PURCHASER'S ADDRESS
1. This form will be used to establish the Government's exemption or immunity from State or Local taxes whenever no other evidence is available.
2. This form shall NOT be used for:
(a) Purchase of quarters or subsistence made by employees in travel status.
(b) Expenses incident to use of a privately owned motor vehicle for which a mileage allowance has been authorized, or
(c) Merchandise purchased which is subject only to Federal Tax.
3. If the spaces provided on the face of this form are inadequate, attach a separate statement containing the required information.
4. If both State and Local taxes are involved, use a separate form for each tax. The form will be provided to the vendor when the prices exclude State or
Local tax.
5. The serial number of each form prepared will be shown on the payment voucher.
Prescribed by Section 408 of Public Law 109-396 STANDARD FORM 13327 (5/2008)
INSTRUCTIONS FOR COMPLETING REPORT OF REAL PROPERTY AVAILABLE FOR TRANSFER TO FEDERAL AGENCIES
The Report of Real Property Available for Transfer to Federal Agencies is designed to provide potentially interested agencies
with a basic degree of information pertaining to properties being declared excess/surplus to their mission needs. The form is not
designed to provide the property's entire history or description. Agencies requiring additional information should contact the
land holding agency point of contact.
1. Enter the date the notice will be posted and available to other federal agencies.
2. The date of expiration for a notice should be 30 days past the date of notice.
3. Enter the agency and bureau the asset is currently owned by (i.e. Department of Homeland Security, Coast Guard)
4. Name of individual to be contacted for additional information pertaining to the property.
5. Provide the street address to be used for mailing correspondence pertaining to the property.
6. Provide the city to be used for mailing correspondence pertaining to the property.
7. Provide the state to be used for mailing correspondence pertaining to the property.
8. Provide the zip code to be used for mailing correspondence pertaining to the property.
9. Telephone number of individual to be contacted for additional information.
10. Provide the e-mail address of the individual to be contacted for additional information.
11. Title or legal description of property being reported as excess/surplus.
12. If property is part of a larger complex or installation, provide installation name (i.e. Fort Belvoir)
13. The address of the property.
14. Date any part of the property will be available for occupancy (i.e. 50% of space will be available 9/25/2007)
15. Date all current tenants will vacate and entire property will be available for occupancy.
16. Provide the city the property is located near.
17. Provide the state the property is located in.
18. Zip code - self explanatory.
19. Provide the county the property is located in if available.
20. Provide the country the property is located in.
21. If security restrictions allow, provide longitude/latitude of the property. This is especially useful for property consisting of vacant land where a street
address is not available.
22. Provide the real property unique identifier assigned to the property in the Federal Real Property Profile (FRPP)
23. Identify the size and unit of measure for the real property asset. Enter the size and then choose a unit of measure from the available drop down list.
For land, the unit of measure is acreage. For buildings, the unit of measure is square feet. For structures, the units of measure can be found in the
FRPP definitions.
24. Identify the Real Property Type (Building, Structure, or Land) and then choose the real property use from the drop down list in the rows below the real
property type. Real property types and use are defined in the Federal Real Property Profile (FRPP). For example if the real property type is land,
you might choose grazing, forest, airfield, etc. from the drop down list. Choose only one real property type and use for each real unique identifier.
25. Select a restriction type from the drop down list in rows below the heading titled Property Restrictions. There are 5 broad categories which will
identify that a restriction exists related to that category: Environmental or natural, Cultural (Historical), Use, Other, and None. Any restriction which
may limit the use of the asset should have a use restriction.
Prescribed by Section 408 of Public Law 109-396 STANDARD FORM 13327 (5/2008) BACK