May 6, 1996 EMPLOYER NAME EMPLOYER ADDRESS Dear Payroll Officer: This letter is to notify you that I no longer wish to participate in State and Federal Tax systems prescribed in Subtitles A & C of the Internal Revenue Code and corresponding provisions of the Oklahoma Income Tax Code (Title 68, Oklahoma Statutes). Therefore, you will please discontinue deducting State and Federal income tax, Social Security tax, and other such taxes from my pay. Please consult 26 U.S.C. § 3402(p) and attending regulations at 26 CFR 31.3402(p)-1(b)(2) to verify that deductions prescribed by the W-4 Form previously filed effected my side of a voluntary agreement to participate in these tax programs. At 26 CFR § 3402(f)(2)-1(g), you will find that there is no form prescribed to effect the revocation and notice of discontinuation, but notice should be given by letter. In order to effect the agreement termination, I am obligated to inform you that I incurred no liability as a "taxpayer" under provisions of Subtitles A & C of the Internal Revenue Code of 1954, as amended in 1986 and since, and that I do not expect to incur liability in the coming year. I hereby attest that to the best of my knowledge and understanding, I was not liable for these taxes last year nor do I expect to be made liable in the current and coming years. Please consult provisions in Sections 3401 through 3405 of Vol. 68A of the Statutes at Large (1954), as this is the true Internal Revenue Code. These statutes clarify that the Internal Revenue Code of 1954, as amended in 1986 and since, is merely reorganization of the Internal Revenue Code of 1939, which was codification of the Public Salary Tax Act of 1939, applicable only to officers, agents and employees of the United States. You will find in the Parallel Table of Authorities and Rules, beginning on page 751 of the 1995 Index volume to the Code of Federal Regulations, that there is no supportive regulation for 26 U.S.C. § 63, which defines "taxable income", so there is no authority applicable to the several States. Further, you will find that 26 U.S.C. § 11 is not listed in the Parallel Table of Authorities and Rules. This is significant as § 11 prescribes corporate income tax, and the absence of the statute listing means no regulations have been published in the Federal Register to extend general application to the several States and the population at large, corporations incorporated in the several States included. Subtitle A & C taxes are mandatory only for officers, agents and employees of the United States, at defined at 26 U.S.C. § 3401(c), and for agencies of the United States, as defined at 26 U.S.C. § 3401(d), particularized at 5 U.S.C. §§ 102 & 105. Further, please consult 26 CFR, Part 601.401, as the five pages in this Subpart clarify that I as an "employee" am to bill you as an "employer" for any tax overpayment and that you in return are to bill the Internal Revenue Service for refunds paid directly to me. The mandate for an "employee" filing a 1040 Form for a special refund of employment taxes (26 CFR § 601.401(d)(4)), is applicable only with respect to foreign-earned income relating to employment taxes (see OMB number application, page 170, 26 CFR, Part 600-End; Department of Treasury OMB numbers published in the Federal Register, November 1995). Please be advised that this notice of termination is sufficient to constitute legal notice, so you have due diligence obligation to determine and comply with the law. Thank you for compliance with termination of the W-4 deduction agreement, per 26 CFR § 31.3402(p)-1(b)(2). Regards, /s/ Your Signature Your Name [typed] # # #
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