June 25, 1996 Joe Smug, Chief Counsel International Graft Corporation 666 Wabash New York, New York RE: IRS-Issued Notice of Levy John Workman "wages" ENCLOSURE: IRS/IRC public notice memorandum Dear Mr. Ward: John Workman asked that I write to you concerning the notice of levy against John's wages sent by the Internal Revenue Service. They have evidently attempted to convince various people at International Graft Corporation that the instrument is not legitimate and that they don't have a legitimate federal income tax obligation, but this is a specialty area that has just recently been unraveled sufficiently to be presented comprehensively. Hopefully you will receive this letter in the spirit it is sent -- several large corporations, inclusive of Amway, Boeing, and others are having to come to terms with the law as it is written rather than as it has been presumed over the last fifty or sixty years. Enclosed you will find an IRS/IRC public notice memorandum which serves as a thorough indictment against IRS while simultaneously demonstrating proper application of Subtitles A & C of the Internal Revenue Code. You might be advised that the memorandum is publishing in state legal publications across the country -- Thayer County, Nebraska beginning June 12, Oklahoma County, Oklahoma beginning June 20. and in Montana, presumably in the county where White Fish is located, beginning June 20. We've had attorneys around the country going over the document, and the only question has pertained to whether or not United States v. O'Dell still applies because the Internal Revenue Code was allegedly changed since 1947, but have overcome the objection by demonstrating that it was merely reorganized in 1954, and that the 1040 Form is still a voluntary filing instrument with limited application. The memorandum faults IRS and the Internal Revenue Code on nine points which, with respect to the Workmans, are fatal. Fatal meaning, IRS doesn't have a legal leg to stand on. If you will review Sections 3401 through about 3405 of Vol. 68A of the Statutes at Large, which is the true Internal Revenue Code of 1954, you will quickly unravel the "income tax" riddle -- it has never applied to anyone other than officers, agents and employees of the United States. Then if you will read the five or so pages in 26 CFR § 601.401, you will find proper application. When you're done with those two reasonably brief selections, go to 26 CFR § 31.0 -- application of the various Subtitle A & C taxes is spelled out in this selection which has no corresponding statutory provision. These three selections should bring you up to speed with nominal effort. Where the instant matter is concerned, look at the front of the Notice of Levy instrument sent to International Graft: The first obvious flaw is the absence of either a court order or reference to a court order authorizing seizure, garnishment, etc. While IRS has run the intimidation con game for years, the fact is, the Internal Revenue Code preserves all existing rights and remedies, "including trial by jury," in the first sentence of 26 U.S.C. § 7804(b). You might consider that the Fifth Amendment clearly stipulates that no person shall be deprived of life, liberty or property without due process of law. Unless or until you either have a court order issued by a court of competent jurisdiction, or have evidence of a court order, International Graft Corporation cannot under any circumstance withhold money due the Workmans or anyone else. This is a constitutionally-assured right which appears in the Constitution for the United States of America, in the Oklahoma Constitution, in the New York Constitution, and constitutions in the other states. And the Internal Revenue Code, in the first sentence of § 7804(b), clearly preserves all due process rights. It's a matter of fundamental law, and when you're given notice, you have a due diligence requirement to learn and comply with fundamental law. This is of considerable importance, as if you will consult the 1966 report on legislative intent, you will find that third parties are not exempted from liability where they erroneously surrender "property", including money, to the Internal Revenue Service. Additionally, consult the Code of Federal Regulations at 27 CFR § 70.163(c). In relevant part, this subpart states as follows: Any person who mistakenly surrenders to the United States property or rights to property not properly subject to levy is not relieved from liability to a third party who owns the property.... The statement goes on to specify that the proper owner may seek administrative relief under 26 U.S.C. § 6343(b), or bring suit against the Government under § 7426, but the point here, which is key to ultimately ending IRS fraud, is that those with fiduciary and trustee obligations to whomever has been victimized may elect to secure appropriate remedies, inclusive of civil and criminal, against those joined to IRS tyranny via accommodation. I assure you that this strategy is being deployed. As the Nuremberg trails following World War II demonstrated, tyranny never stands on one leg. Both perpetrators by intent and perpetrators by consent, whether for personal gain or out of fear, must be held accountable. To reinforce the conclusion that an "employee" is supposed to secure return of over-payment, illicit collection, etc., from the "employer" rather than IRS, you might read 26 CFR § 601.401 carefully. This selection demonstrates that IRS is supposed to deal exclusively with the employer, and has nothing to do with the employee, even when the employer is an agency of United States Government. This brief four or five pages opens the cracker barrel for good -- if John seeks recourse, it should be against the "employer," which would be International Graft, rather than IRS. We'll return to this matter momentarily. You will also note that "notice of levy" is defined by use at 26 U.S.C. § 6335(a). The notice instrument merely conveys information, it is not cause for action. See Black's Law Dictionary or another law dictionary for the legal definition of "notice". Notices of levy are to be left for whomever seizure has been executed against. In other words, where the instant matter is concerned, the notice should be sent to the Workmans after the fact, and if there was an actual seizure, IRS would have to take possession of money due the John via an actual levy supported by a court order. The "notice of levy" sent to International Graft has about the same merit as an obituary claiming the John is dead when in reality he is alive and well. In other words, there is no fact, legal or otherwise, to support the notice instrument. Consider application of the garnishment/levy process at 27 CFR § 70.164(d): (d) Person defined. In addition to the definition given in § 70.11 of this part, the term "person," as used in 26 U.S.C.A. 6332(a) and this section, includes an officer or employee of a corporation or a member or employee of a partnership, who is under a duty to surrender the property or rights to property or to discharge the obligation. In the case of a levy upon the salary or wages of an officer, employee, or elected or appointed official of the United States, the District of Columbia, or any agency or instrumentality of either, the term "person" includes the officer or employee of the United States, of the District of Columbia, or of such agency or instrumentality who is under a duty to discharge the obligation. As to the officer or employee who is under such duty, see § 70.161(a)(4)(i) of this part. (26 U.S.C. 6332) The key to understanding the Internal Revenue Code and attending regulations is largely in definitions -- words of art, where commonly understood words have specially assigned meaning. Congress promulgated what is described as the "Dictionary Act" in 1871, and Code law has been increasingly convoluted since. Of particular note, you might consult definitions at 27 CFR § 250.11 where you will find that the Secretary is the Secretary of the Treasury of Puerto Rico, Revenue Agent is any duly authorized Commonwealth Internal Revenue Agent of the Department of the Treasury of Puerto Rico, etc. Here, however, we'll simply reproduce the definition of "person" reference above, being at 27 CFR § 70.11: Person. An individual, a trust, estate, partnership, association or other unincorporated organization, fiduciary, company, or corporation, or the District of Columbia, a State, or a political subdivision thereof (including a city, county, or other municipality). In my memorandum, you will find that a certain Treasury Order in the 1970's made a transfer of functions under Subtitle F, which includes authority for administrative and judicial collections, to BATF. The cites above from Title 27 of the Code of Federal Regulations are in fact under BATF authority even though many of the regulations mention IRS. These regulations obviously do not have general application to the several States and the population at large, and it will be found that the corporations mentioned in the "person" definitions are either (1) corporations, partnerships, etc., subject to taxes prescribed under Subtitles D & E, with application only in the geographical United States, or (2) where Subtitles A & C are concerned, corporations and other such entities established and owned by the United States, exclusive of private enterprise even if organized under laws of the United States. This will be clearer after you've read §§ 3401-3405 of Vol. 68A, Statutes at Large. Ironically, taxes prescribed in Subtitles A & C are applicable only to government agencies even in the District of Columbia, Puerto Rico, etc., where those prescribed in Subtitles B, D & E have general application in the geographical United States. Under provisions of 26 U.S.C. § 3402(p), private corporations in the District of Columbia, etc., can theoretically elect to participate in Subtitle C programs (Social Security, railroad retirement, etc.), but the authority does not reach the several States and the population at large. It is also relevant that "seizure" is defined at 27 CFR § 70.11: Seizure. The act of taking possession of property to satisfy a tax liability or by virtue of an execution. Obviously, seizure must either be by way of (1) voluntary compliance, or (2) by court order ("execution"). There is no way to avoid this conclusion without pitching the Constitution out the window. International Graft's fiduciary responsibility, established by contract, is antecedent to voluntarily surrendering money due John. International Graft principals may voluntarily give IRS the farm, but if the crop belongs to John, IRS must secure a court order before International Graft may voluntarily surrender that due to John. Let's return to the definition of "person." If you will read §§ 3401-3405 of Vol. 68A, Statutes at Large, and 26 CFR § 601.401, as I've suggested, this will make sense: Income, Social Security, and related taxes in Subtitles A & C of the Internal Revenue Code are mandatory only for officers, agents and employees of the United States and political subdivisions of the geographical United States (D.C., Puerto Rico, etc.), exclusive of the several States party to the Constitution. The several States and the population at large are subject only to Congress' Article I, Sec. 8 delegated authority; the geographical United States is subject to Congress' absolute Article IV legislative authority. In the several States, Congress may exercise only the delegated, enumerated powers; in the geographical United States, Congress may exercise any power not specifically prohibited by the Constitution. This duality, occasionally referred to by the United States Supreme Court as "Cooperative Federalism," is the underlying fraud behind the Internal Revenue Code -- governments of the several States, with no constitutional authority, have presumed to be federal States, and have generally engaged fraud to dupe the American people. You will find that the Supreme Court has tacitly condemned the complicity -- see New York v. United States, et al. (1992). The Tenth Amendment and the Separation of Powers Doctrine prohibit officers of the several States from accommodating federal encroachment without first securing a constitutional amendment. The Internal Revenue Service is the Achilles Heel of the Cooperative Federalism scam. Nobody likes those folks, and once the origins and nature of IRS are more commonly known, the jig is up. Even Joe Sixpack, who occupies himself with television and his bass boat, has a patriotic streak. When he learns that IRS helped fund the Kama River tank and military truck factory in Russia, that his illicitly collected tax dollars fund United Nations brush wars around the world via the Agency for International Development, et al., probably his ears as well as his neck will turn red, and even he will want an accounting. He may demand heads. I don't want to construct a whole discourse on the subject so will move ahead: If you will examine the "notice of levy" instrument, you will find in the first column under "kind of tax" that Service principals have entered "1040". The 1040 is a type of return form, it is not a type of tax. Therefore, the notice instrument forwarded to International graft is fraud on its face -- no taxing statute which stipulates the transaction, service or object of the tax appears on the form. See the necessity of a taxing statute in United States v. Community TV, Inc., 327 F.2d 797, at page 800 (1964), and Hassett v. Welch, 303 U.S. 303, 58 S.Ct. 559, 82 L.Ed. 858. Next, you will find that no IRS agent or officer has signed the form under penalties of perjury: 26 U.S.C. § 6065 Except as otherwise provided by the Secretary, any return, declaration, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury. This applies as much to IRS principals as to people subject to revenue laws of the United States. It's one of those, "What's sauce for the goose is sauce for the gander" things. In this same framework, it will please you to know that the International Graft paymaster was required to "certify" the notice of levy. In other words, IRS dupes you into doing the dirty work. Again, if you will consult 26 CFR § 601.401, you will find that the "employer," being an agency of the United States, is supposed to draft regulations for the garnishment process. So while IRS people are operating under color of law, they are technically roping private business owners and corporate officers into effecting garnishment in a manner which more or less complies with regulatory provisions. The problem, of course, is that International Graft hasn't "promulgated" regulations, and if you will consult Title 5 of the United States Code on the subject, even the "employer" is required to secure a court order prior to garnishing wages. Another problem ... you will note that the various cites I've related where the Code of Federal Regulations is concerned for the most part come from 26 CFR, Part 301 & 601, and 27 CFR, Part 70. In fact, if you will dig out the Parallel Table of Authorities and Rules, beginning on page 751 of the 1995 Index volume to the Code of Federal Regulations, you will find that the only regulatory authority for 26 U.S.C. § 6331 (levy and distraint) is under 27 CFR, Part 70. Title 27 of the United States Code and the Code of Federal Regulations are under exclusive administration of BATF, not IRS. There are no corresponding regulations published in the Federal Register for 26 CFR, Part 1 or 31, the two CFR parts relating to Subtitles A & C of the Internal Revenue Code. The need for regulations to be published in the Federal Register is clearly set out in the Administrative Procedures Act (5 U.S.C. § 552 et seq.), the Federal Register Act (44 U.S.C. § 1501 et seq.), and in Title 1 of the Code of Federal Regulations, Chapter 1. If regulations are not published in the Federal Register, application of any given statute is exclusive to agencies of the United States and officers, agents and employees of the United States -- see 44 U.S.C. § 1505(a) for effect and review particulars of 1 CFR, Chapter 1. If you will review the back of the "notice of levy" sent to International Graft, you will find that 26 U.S.C. § 6331(a) isn't reproduced in the statute authorities. This is another element of document fraud as § 6331(a) is the general authority paragraph for levy and distraint. If you will consider § 6331(a) in your copy of Title 26, you will see that the second sentence specifies officers, agents and employees of the United States as being subject to levy and distraint. The first sentence is applicable under Subtitles D & E of the Internal Revenue Code -- excise taxes on certain privileged activity and production. Normally when I assist people with matters relating to IRS, I try to avoid undue peril by asking Service principals to comply with certain provisions of law, or at least to produce authority, etc. In this same spirit, I might suggest that you incorporate particulars set out in this letter, and inquire concerning IRS authority, the legitimacy of the tax, particularly with respect to the existence or non-existence of a taxing statute, and specifically request a letter of immunity which assures that IRS principals responsible for issuing the "notice of levy" will bear full legal liability should the seizure prove to be illegal or fraudulent. If you will make this effort on behalf of John, I think you will posture International Graft to check out of the Federal Income Tax business. If you will consult the Parallel Table of Authorities and Rules, beginning on page 751 of the Index volume to the Code of Federal Regulations, you will find that there are no implementing regulations which extend corporate income tax to the several States and the population at large (26 U.S.C. § 11). Again, consult 44 U.S.C. § 1505(a) for effect -- without implementing regulations, any given statute is applicable only to agencies of the United States, as defined at 5 U.S.C. §§ 102 & 105, and officers, agents and employees of the United States. Review the necessity for delegations of authority and regulations published in the Federal Register in 1 CFR, Chapter I. If I can be of further assistance, feel free to contact me. John articulates that he appreciates the factory position with International Graft so he doesn't want to get crosswise, but you understand his position with respect to securing rights and protection of the law. Please consider this letter notice adequate to require due diligence on your part to determine and comply with the law. Regards, /s/ Dan Meador Dan Meador copy: John Workman # # #
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