May 23, 1997
Dear Researchers & Friends:
Enclosed you will find a computer disk and two important
documents: A cover letter from David K. Smith, the State-Federal
Coordinator for the Oklahoma Tax Commission who works with the
Oklahoma District, Internal Revenue Service, and a copy of the
Agreement on Coordination of Tax Administration.
Following leads from several directions -- several people
concluded that the Feds are operating under alleged state grants
of authority -- I concluded that there had to be a contract
between the State and the Feds for the tax business. Gail and I
went to the Oklahoma State Capitol early the morning of Friday,
May 16, and before 9 a.m., had the thing located. We forced
surrender of it under the Oklahoma Administrative Procedures Act.
Each State has an administrative procedures act you can use the
same way.
Before going further, the following is an index of what is
on the disk with short explanations of each file. The files are
in Word for Windows 7, the newest version (IBM format). I
apologize for not converting to a more accessible format, but
time presses and the information must get out now!
Also, we're doing this on our own, and our own is pretty
financially thin -- send help if you can!!!
Additionally, Tim McCrory of Blackwell, Oklahoma, my
research partner, is posting material on a home page now:
http://idt.net/~tmccrory/
You can send E-mail to Tim's locations:
tim_mccrory@bigfoot.com or tmccrory@mail.idt.net
Published works (hard copy) will be available through Mail
Boxes Etc. here in Ponca City -- 405/762-6225; FAX 405/762-1119.
Disk Contents:
1. Amd. 372c Comp.
This is the form I used to file judicial complaints with the
Chief Executive officer at the Tenth Circuit Court of
Appeals. Each Circuit has a form for complaints. The form
and instructions may be secured from the circuit executive;
the form itself is probably located in the "State and
Federal" code of procedure for your state. It's a
reasonably simple 3-page form, the supplemental complaint
usually needs to be under 5 pages.
2. Atty.Gen.5.19
A preliminary complaint to the Oklahoma Attorney General.
We're proceeding under the Oklahoma Corrupt Organization Act
against IRS & United States District Courts.
3. Cir.Exec.5.19
Supplemental complaint filed with 10th Cir. Executive once
we found the O.T.C.-C.I.R. agreement accommodating IRS.
Integrate this with original complaints.
4. Civ.Brief
This is the suit filed in State district court against the
Oklahoma Tax Commission to overturn the agreement between
the Oklahoma Tax Commission and the Commissioner of Internal
Revenue.
5. Complaint Affidavit
This is my personal affidavit of complaint. It can be used
as a model.
6. D.A. Complaint
Criminal complaint cover letter sent to Tulsa County
district attorney.
7. H.C.Supplement
The supplement to the original Application for Writ of
Habeas Corpus sent to the 10th Circuit Court of Appeals.
8. Index of Auth.
This is a usable model for pleading, was used in the 10th
Cir. Application for Habeas Corpus.
9. Mod. S.D.Tec.5.20
The model Application for Subpoena Duces Tecum. This
instrument goes for all the necessary, but for the most
part, missing documentation which would establish U.S.
jurisdiction, basis of authority, etc. We're using it in
all forums, with criminal complaints, judicial complaints,
with both offensive and defensive pleadings.
10. Mod.Tx.Com.
A model freedom of information request from the State tax
commission.
11. MODEL.FOIA
A model Freedom of Information Act Request for IRS.
12. Okla. Leg. 5.19
Cover letter to Oklahoma Legislature going with a copy of
suit against the Oklahoma Tax Commission.
13. S.C.H.C.
Application for Habeas Corpus to the Tenth Circuit Court of
Appeals.
14. Stats.Regs.
Compiled statutes & regulations pertaining to "qualified
state tax".
To begin, you are welcome to share the disk information,
copies of the OTC-C.I.R. agreement, this letter, et al., with
whomever you please -- spread the information as far and as
rapidly as you can. We now have the "weapons" to engage the
struggle to restore constitutional rule at a whole new level, but
those who answer the call should know what they're doing. There
must be a concerted push through each state government and
simultaneously through Congress.
I'm going to start with something of an outline of what
we're dealing with: The macabre scheme that has centralized
power is called Cooperative Federalism. It springs from the same
root as Communism and European Socialism. One of the
contributing schools of thought was called "Fabian Communism".
"Isms" aside, it boils down to tyranny -- it's simply a tool for
global conquest by an entrenched wealth-political noblesse
oblige.
However, the scheme is a house of cards -- when you
understand implications, the enclosed "Agreement on Coordination
of Tax Administration" will bring the house down as it defaults
both State and Federal tax systems, and the ability to enforce
them, simultaneously.
The Internal Revenue Service is an agency of the Department
of the Treasury, Puerto Rico. I won't go into details here as
the information has been well enough published, and is covered
sufficiently in disk files, that I don't need to go over the tax
history or origins of IRS. The memorandum I completed last May
has now published in legal newspapers in about 8 states, in
Veritas Magazine, Media Bypass, & Anti-Shyster. In the
continental United States, the Internal Revenue Code vests
authority in the Treasury Department, not the United States
Department of the Treasury, the Department of the Treasury,
Puerto Rico, IRS, BATF, or any other agency. IRS and other
"components" of the "Department of the Treasury" operate
exclusively under Executive Order #10289 & T.D.O. #150-42 (1956),
as amended by T.D.O. #150-01 (1986), with application only in
United States off-shore territorial and maritime jurisdiction.
"Treasury Department" (Secretary of the Treasury) authority
for execution of agreements for collection of state qualified tax
(5 U.S.C. § 5517) is under E.O. # 11833, published following 5
U.S.C. § 5520. Refer to 5 U.S.C. § 5512 to find that the General
Accounting Office now has responsibility for "collecting" these
taxes when they are delinquent -- see historical notes to find
that the authority was formerly vested in "officers of the
Treasury", and the "Attorney General" must prosecute, formerly,
"Solicitor of the Treasury." The Office of Personnel Management
is also vested with administrative authority by statute.
Contracts for cooperative administration of "state qualified
tax" apply only on the Federal side -- agreements executed by the
Secretary of the Treasury enable the various Federal Government
agencies to collect tax from officers and employees of the United
States, and collect other qualified state, county and municipal
tax within what would otherwise be Federal jurisdiction. There
is no authority for a cross-over. Which is to say, if anyone
other than a Federal employee or someone with business on a
military installation or in a national park, forest, etc., was
subject to "state qualified tax", Federal authority would not
apply -- the Feds are limited to United States jurisdiction, as
defined at 18 U.S.C. § 7(3).
The whole business comes from the Buck Act (4 U.S.C. §§ 105-
110). Authority at 5 U.S.C. §§ 5512, 5516, 5517, 5520 and related
statutes merely implement the Buck Act grant of authority for
"States" to tax Federal officers and agents, impose various
excise taxes, etc., in United States jurisdiction.
As you read files on the disk, you will find the infinite
number of flaws and condemnations of exercise of Federal
authority in the Union of several States. The Tenth Amendment,
known as the Separation of Powers Doctrine, provides the key
blockage: The United States cannot exercise power which isn't
specifically delegated by the Constitution, and if you will read
New York v. United States, et al. (1992), you will find that
State officials cannot accommodate exercise of a Federal power
not delegated by the Constitution without first securing a
constitutional amendment.
The Cooperative Federalism "house of cards" puts both State
and Federal tax systems in jeopardy because the Federal tax
system simply does not apply to the Union of several States, and
State tax systems are premised on the Buck Act grant of Federal
taxing authority. Legislatures of the several States long ago
abandoned independent State taxing authority. Read Section 3.1
of the enclosed Agreement between the OTC & C.I.R. to see the
list of State taxes at risk in Oklahoma. As we move into court
to default the OTC-C.I.R. Agreement, we will cut the State
jugular -- State government becomes a financial cripple as soon
as the Agreement is overturned. And in order to put the State
back on its feet, the State Legislature will be forced to kick
the Feds out!
I filed the action to over-turn the OTC-C.I.R. Agreement in
the Oklahoma County district court on Wednesday, May 21, Case No.
#CJ-97-3501-63. In other words, the process has begun. In the
meantime, people in Oklahoma City are reproducing the complaint
and a six-page cover letter to the Oklahoma Legislature and will
distribute copies to the entire legislature.
Most everyone knows that I was charged for, and convicted
of, "communicating with a grand jury in writing" (I attempted to
file criminal complaints against the judge who presided at my so-
called trial, the assistant U.S. attorney who prosecuted, the IRS
inspector, etc., who testified), and "obstruction of justice" (I
helped Kenney & Colleen Moore construct a "refusal for fraud"
pleading).
Given my docile disposition ... we sued the whole batch out
of the district court in Tulsa County prior to going to trial,
and since, aside from motions filed into the criminal case, (1)
filed an application for writ of habeas corpus with the Tenth
Circuit, (2) filed judicial complaints under 28 U.S.C. § 372(c)
with the 10th Circuit administrator, (3) filed individual
criminal complaints with the D.A. for Tulsa County, and (4) filed
a complaint with the Oklahoma attorney general against IRS and
the folks involved with my case under the Oklahoma Corrupt
Organization Act. Before the weekend is over, we will file
complaints through Janet Reno, U.S. Attorney General, under the
U.S. Anti-Terrorist Act, demanding a special prosecutor --
several people in the Department of Justice will ultimately be
named.
The "Stats.Regs." file on the disk accounts for nearly all
statutes and regulations pertaining to state qualified tax, plus
a few more items thrown in for good measure -- it's about 104
printed pages in length. With the outline above, they should
make sense. The material is downloaded from current West Law
USCA & CFR so it can't be sold -- circulate it gratis and give
appropriate credit.
The Application for Writ of Habeas Corpus & the Supplemental
H.C. pleading combined will probably give as good a view of
"Cooperative Federalism" as has been compiled in one place.
Again, I don't take credit for all the research. As was the case
with the public notice memorandum on IRS & proper application of
I.R.C. taxing authority, numerous people have contributed to
research, I simply have a gift for stealing from everybody to
make the car run. It's a "Short Brush Country" survival tactic.
As a friend says, all he had growing up was a Pet Milk can and a
tumble-weed so he learned to improvise. Out where I spent a good
deal of my childhood, from the back door, the "sand pile"
stretched about 40 miles north and 100 west. If you like sage,
blackjack and rattlesnakes, it was home, and if you found
something laying around, someone either lost it or threw it away.
Paul Mitchell, Tim Richardson, Dave Fuller, Pete Stern, and
Tim McCrory have made significant recent contributions. Geri
McClain of Las Vegas, Nevada, a Pete Stern (North Carolina) link,
has probably developed the most research on qualified state tax
(702/648-7825) -- she hit the hot button that sent me on the
search for the Agreement contained with this letter.
As you secure documentation, we would like to have copies to
compile for use in national forum. There needs to be at least a
second location, too.
Some time ago, I proposed a "national research conference"
suggesting Wichita as the location, then Barry Briner of St.
Louis came back with an offer to host. As I've visited with
others, there seems to be strong preference for St. Louis as it
is more accessible from the West Coast and Mountain States by air
and more accessible from the Midwest, East and South by car. At
any rate, watch Internet locations for announcements -- recent
finds might necessitate broadening the scope.
Possibly I should conclude by discussing motive and
strategy: When we first secured a copy of the OTC-C.I.R.
Agreement, I considered attempting to do something through the
Oklahoma Legislature in a reasonable fashion that would avoid
"sudden" shock to the system. A nice administrative letter to
OTC, a cover letter to the Legislature ... let them work through
the problem without panic.
However, the Criminal Element of Government, as Dr. Scott
calls them, is in the midst of an all-out attack on people
devoted to restoring constitutional government -- they had to
"manufacture" crimes to charge me with, and they're manufacturing
crimes to charge people all over the country with. But the
broader problem is this: Cooperative Federalism, like Communism
and European Socialism, is a mathematically impossible scheme.
We have the appearance of steaming ahead today, -- rest assured
that rural poverty and the urban ghetto growing like cancer in
every metropolitan center say otherwise -- but we're on course
for an epochal economic crash that will make the Crash of 1929
seem as comparative small potatoes. Consider that the nation was
35% rural in 1929, with millions of independently owned farms and
food support systems surrounding every metropolitan center.
Today the nation is about 90% urban, with more than that living
within the 40-mile commuter range of metropolitan centers, and
the food production system has been specialized into regional
rather than local systems. Probably no more than 20% of the
population could feed themselves if given a year's written notice
-- we're in deep, deep trouble, standing at the brink of food and
financial bankruptcy.
On March 9, 1933, Congress sold us out -- the good folks
took the monetary system off the gold standard, based both the
FRN & private credit on obligations of the United States, and put
us in a situation where the banks could steal from one end while
government, in order to grow, keep pace and create dependence,
had to steal increasing amounts from the other end by way of
brutal taxation or forced inflation. The latter devalues all
existing wealth other than that which generates compounding
interest, or if you to be "licensed" to manufacture money with
ledger-entry credit, you can steal from America's working and
entrepreneurial classes.
In Oklahoma, government has been the only consistent growth
industry since 1982, which is a malady for many interior natural
resource states. And as Byran Dale appropriately points out, a
government employee has precisely the same economic value as a
welfare recipient -- both are net negatives. Government creates
nothing -- every cent government spends must be taken from the
nation's producers.
It doesn't make any difference which political party is in
power -- Supply-Side Economic Theory, a/k/a Trickle-Down Theory,
is as much hogwash as Keynesian Socialism. The 1933
Congressional sellout came on the heels of four years of hard
depression, which cost 40% of the nation's industrial jobs and
gutted rural natural resource production, and in the midst of a
fabricated bank run that was causing panic. In other words, the
"other side" set the deal up. If you will read the House record
for March 9, 1933, you will hear Rep. McFadden speaking to the
matter, and read Hoover presidential papers written in
retrospect, and you know he knew ... the "New Deal" crowd staged
the bank collapse, coordinated through New York and Chicago
Federal Reserve Banks. Hoover acknowledged that the New York Fed
gave him the emergency proclamations Roosevelt signed the last
night he was president, but he refused to declare a national
emergency premised on economic causes -- the Constitution doesn't
authorize such a thing. In Roosevelt papers, he admits to being
mystified about how to get a currency in place so he evidently
didn't see H.R. 1491 prior to it being introduced to the House
and Senate. It isn't hard to guess who came up with the notion
of substituting Federal Reserve bank Notes backed by "paper
promises" for the predecessor Federal Reserve Note backed by 40%
gold, and designated who would serve as fiscal agent for the
United States.
In short, there's no escape. The mathematically impossible
scheme, which has caused both public and private debt to soar
since about 1982 (national debt skyrocket duplicated natural
resource debt soaring 1975-82, which is precisely the sequence
during the two decades prior to the 1929 collapse), is destined
for meltdown. The question isn't if, but when. My contention is
that it is better to move ahead with correcting fraud perpetrated
through the taxing system, which might cause something of a
glitch, and force state governments to kick the Feds out -- to
restore the balance of power American founders built into our
system of constitutional government.
In other words, if we're faced with an inevitable crisis,
it's easier to effect damage control before rather than after the
fact.
In Oklahoma, the state legislature met in special session
from May into July 1933 in order to reorganize state government
to accommodate New Deal initiatives. Most other state
legislatures met in special session, or as was the case in North
Dakota, operated under gubernatorial edict until the next regular
session.
One of the more amusing requests for legislation was for
there to be a ban against creditors foreclosing and otherwise
disturbing state legislators during the summer 1933 special
session. Oklahoma was in desperate shape, and members of the
state legislature were obviously ready to do, or sell, anything
to escape personal disaster. I was amused with Paul Beck when we
were going through special session legislation -- there were
certain "insiders" in most state legislatures responsible for
accommodating legislation. Paul saw the same guy's name over and
over as a bill sponsor, which led to the comment, "We need to dig
this guy up so we can hang him!"
One of the things I suggested in the letter to the Oklahoma
Legislature is that they establish a Committee of Correspondence
on the order of what Thomas Jefferson suggested in the Kentucky
Resolutions, and to do it separate from units sponsored by The
Counsel of State Governments. As a "bonus," I'm including the
list of "Official Names of States and Jurisdictions, Capitals,
Zip Codes and Central Switchboards" from the 1990-91 edition of
The Book of the States. You will notice that the last nine on
the list aren't Union states, they're Federal states subject to
Congress' Article IV § 3.2 legislative jurisdiction. The Union
states, and the sovereign American people, are subject only to
Congress' constitutionally delegated authority; in United States
territories and insular possessions, Congress has plenary power,
operating in the capacity of state and national government. Via
The Counsel of State Governments, with headquarters in Lexington,
Kentucky, government officials of the Union states operate on the
presumption that the several States, as the District of Columbia,
American Samoa, etc., are subject to United States municipal
authority -- unrestricted legislative and police powers.
This de facto arrangement was formalized in 1935 in Denver
when representatives of the Federal government and various state,
county and city governments, signed an "intergovernmental"
agreement. The Book of the States has been published every
second year since, and the "Cooperative Federalism" scheme is
coordinated through The Council of State Governments and
corresponding counsels, associations, etc., for governors,
legislators, attorneys general, city and county governments,
school boards, et al.
As you read the various files on the computer disk, you
should get a feel for how the de facto operation works. Federal
statutes and regulations comply with constitutional limitations
-- they're written exclusively for application in the
"geographical United States" under Congress' Article IV § 3.2
legislative jurisdiction. But it's like fishing. The Feds
dangle bait, the fish bites -- when officers of the state, a
county, or a city sign on, they are treated as though they are
instrumentalities of the United States whether they are or not.
The bait is money. More precisely, "public money", premised on
"obligations of the United States." Obligations of the United
States are predicated on the nation's private as well as public
assets.
Ralph Winterrowd of Anchorage has done considerable research
on this, as have others -- Pete Stern, people in Kansas, etc.
Your body, if not your soul, is literally traded as collateral --
the "birth certificate" is converted to a commercial instrument
stored at the Dept. of Commerce in the state where you were born.
Banks retain an interest in whatever automobile you purchase on
credit by retaining original factory papers -- the financial
institution keeps a retained interest in real property you
mortgage. It's the grandest system of frauds imaginable.
If you research state session laws for 1933 special
sessions, you will probably find a short bill in which the state
legislature proclaimed that virtually all enterprise is
commercial in nature. And due to then-new technology, including
transportation, communications, etc., virtually all human
enterprise, down to and including having and raising children,
has implications for "interstate commerce".
The Social Welfare System, or more appropriately, Socialism
Welfare System, is premised on commerce!
Now this will make sense: The Director of Transportation is
leading authority over all Federal grant-making. If he, or she,
determines a state, county, or city isn't complying with Federal
regulations, he has authority to cut off grant money, thus
undermining services of whatever nature.
By consulting the Parallel Table of Authorities and Rules,
beginning on page 721 of the current Index volume to the Code of
Federal Regulations, you can figure out what in the United States
Code does or doesn't apply to the Union of several States. The
long and short of it -- damned little Federal legislation applies
to the several States. Congress has moved almost exclusively
under Article IV § 3.2 authority, and relies on officers of
States, counties, cities, school districts, even churches, to
"voluntarily" cross the line.
"It isn't involuntary servitude, you volunteered! Now do as
you're told and shut up or we'll cut the credit off!"
Consult 31 CFR, Parts 202-215 to see the role of federally
chartered financial institutions as "Federal Tax and Loan
Depositaries" -- this is the arms-length "fiduciary" role of the
Federal Reserve carried out via the fraudulent arrangement.
Federally chartered financial institutions act somewhat like the
exchange membrane through which a pregnant woman feeds the unborn
baby in her womb -- although food and oxygen are delivered to the
baby, and waste disposed of, by way of the two blood systems, the
blood of mother and baby actually never mix. Cooperative
Federalism works something on that order, with federally
chartered financial institutions, and the Federal Reserve,
postured to profit from both ends. The scheme is set up so banks
have to be equipped with at least three arms to keep up with the
take.
I've constructed a "freedom of information" request for the
state tax commission. You'll have to look up your own state
administrative procedures act for authority -- ours is in Title
78 of the Oklahoma Statutes. All states have one.
Additionally, I've put a freedom of information request in
to the Oklahoma Attorney General for copies of all
administratively executed intergovernmental enforcement
agreements, too. Follow the tax commission model to duplicate an
A.G. request.
Read II Timothy 3: 8 & 9: "Now as Jannes and Jambres
withstood Moses, so do these also resist the truth: men of
corrupt minds, reprobate concerning the faith. But they shall
proceed no further: for their folly shall be manifest unto all
men, as theirs also was."
God gave me this vision about two years ago. I had no idea
how it would come to pass.
In conclusion, I can say nothing more, or less, than God's
speed. If God is in it, we cannot fail. America will once again
be blessed. We will generate new wealth through natural resource
industries and home-based manufacturing ... we will have the
opportunity to recover American solvency and sovereignty.
God bless,
/s/ Dan Meador
Dan Meador
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