|FORMS: 5.8 IRA ROLLOVER ATTACHMENT|
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The following form was intended to be attached to the IRA Rollover Application for your former employer. It is intended for use by "nontaxpayers" who are trying to disconnect from the matrix without having 20% of they withdrawal withheld before they get it. It was originally used for a federal agency retirement. It can be used for a private employer by removing the language about the Privacy Act, if you wish.
ATTACHMENT TO IRA ROLLOVER APPLICATION
(2) IRS Form W-8 BEN
(3) Pamphlet entitled “Who are ‘Taxpayers’ and who needs a ‘Taxpayer Identification Number’”
The attached IRA Rollover Application is invalid without this attachment and the two may not be separated. Below is an affidavit of facts pertaining to the attached application intended to constrain how it is processed to ensure that both prevailing law and my Constitutional rights are fully respected:
1. All of the information appearing on this form and all attachments are copyrighted. The terms of the copyright/user license agreement are as follows:
1.1. The information may not be provided to any agency, bureau, or company of the state or federal government.
1.2. It is a violation of the Privacy Act, 5 U.S.C. 552a, to divulge any of the information, including identifying account number, to any government organization other than the recipient and you do not have my consent to provide it to the IRS or any state revenue agency.
Under 1 U.S.C. 204 legislative notes, the Internal Revenue Code
is not positive law, and therefore not “law”. Consequently, there is no
“law” that can supersede the requirement found in 5 U.S.C. 552a(b) for
consent in the disclosure of any information provided to third parties.
I do not give such consent. None of the exemptions for
disclosure apply under 5U.S.C. 552a(b) because the IRS, by its own
admission, is NOT an “agency” of the federal government. See:
1.4. Any violation of this copyright shall make the violator personally liable for breach of copyright, for all monies and liabilities to the IRS which might result from the wrongful and non-consensual report of information, for all legal fees of collecting the liability from the violator, plus $1 Million.
2. The attached withdrawal form replaces “Social Security Number” with “Account Number” in every place where it is used. I no longer have or use a “Social Security Number” and you do not have my consent to use the number associated with the account as either an SSN or a TIN. The account number is for internal use ONLY and not for any kind of information sharing or reporting to any third party. Some reasons:
2.1. It violates my religious beliefs to have or to use Social Security Numbers.
2.2. You may not compel me to provide or to use an SSN in association with this transaction, because it violates 42 U.S.C. §408. To wit:
3. I do not and never have had any earnings or “income” which is “effectively connected with a trade or business in the United States”. “United States” is defined in 26 U.S.C. §7701(a)(9) and (a)(10) as ONLY the District of Columbia, and I don’t live there and don’t file 1040 forms that might create a presumption that I live there either. A “trade or business” is defined in 26 U.S.C. §7701(a)(26) as “the functions of a public office” and I do not hold and never have held “public office”. If you believe that “trade or business” includes any function other than a “public office”, then please provide the section from the law that so indicates, or I must conclude that the definition is all encompassing. The rules of statutory construction preclude me from concluding that the definition includes anything but that which is exclusively identified in writing in the code itself:
Please also don’t cite federal court cases as authority for expanding the definition of the term, because I don’t live within federal jurisdiction nor am I subject to the jurisdiction of the Internal Revenue Code who lives outside of the “United States” defined above. Consequently, under 26 CFR 1.1-1(a)(2)(ii), 26 CFR §1.861-8(f)(1)(iv), and 26 U.S.C. §861(a)(3)(C)(i), I have no taxable or reportable earnings or “income” and so there is no need to report anything to the IRS or any state taxing authority.
4. You do not have my permission to use any number associated with my account, including an SSN, as a “Taxpayer Identification Number (TIN)” or for use in tax reporting to any unauthorized outside organization. TINs and SSNs are not equivalent, as shown in 26 CFR §301.6109-1(d)(3). Only “taxpayers” need or have to use “TINs” and I am NOT a “taxpayer”, but a “nontaxpayer”. Likewise, TINs can only be issued to “aliens” under 26 CFR §301.6109-1(d)(3) and I am not an alien but a “national” and a “nonresident alien”. If you are unsure of the distinction, please consult the attached pamphlet entitled “Who are ‘taxpayers’ and who needs a ‘Taxpayer Identification Number’”.
5. If after reading this attachment or any of the enclosures, you still find that you disagree, then please rebut the evidence below:
5.1. The evidence at the end of Enclosure (3) above.
5.2. The IRS Deposition Questions found at:
6. Any one of the following actions will cause you to forfeit your right to disagree later:
6.1. Not responding or rebutting.
6.2. Claiming you don’t have a duty to respond
6.3. Calling this affidavit “frivolous”. On the contrary, failure to address the legal issues raised here, should you disagree, is the very definition of “frivolous”.
6.4. Responding without an “affidavit under penalty of perjury” as you require on the form in my case. Equal protection of the laws under Section 1 of the Fourteenth Amendment demands that you shall be subject to the same level of accountability for your answers as me.
7. I withdraw my consent, my signature, and the validation of this and all attached forms under penalty of perjury if the government attempts to penalize, prosecute, harass, or intimidate me in any way related to this correspondence.
8. Domicile and Legal Address
8.1. It would be a violation of due process for you to assume or presume any “legal address” or domicile anywhere other than that provided on the attached Enclosure (2).
8.2. “Permanent Address” on Enclosure (2) W-8BEN form is Heaven:
According to the Bible, "earth" is NOT permanent, is only temporary, and will eventually be destroyed and rebuilt as a new and different earth. The legal definition of "permanent" also demonstrates that it can mean any length of time one wants it to mean:
Christians define "permanent" the same way God does. God is eternal so His concept of "permanent" means "eternal". Therefore, no place on earth can be "permanent" in the context of a Christian:
Christians are only allowed to be governed by God and His laws found in the Bible. Our main allegiance is exclusively to Him, and not to any man or earthly law or government. We are citizens of Heaven, and not earth. The most we can be while on earth is "nationals", because "nationals" are not subject to man's laws and only "citizens" are. Click here for details. Therefore, Heaven can be our only legal home or domicile.
To consent or choose to be governed by anything but God and His sacred Law is idolatry in violation of the first four Commandments of the Ten Commandments. We can therefore have no "legal home" or "domicile" anywhere on earth. Our only law is God's law and Common law, which is based on God's law.
We are only temporarily here and Heaven is where we intend to return and live permanently. Legal domicile is based only on intent, not on physical presence, and it is only "domicile" which establishes one's legal and tax "home". No one but us can establish our "intent" and this is the express intent. Neither will we permit our domicile to be subject to change under any circumstances. To admit that there is a "permanent home" or "place of abode" anywhere on earth is to admit that there is no afterlife, no God, and that this earth is as good as it gets, which is a depressing prospect indeed that conflicts with our religious beliefs. The Bible says that while we are here, Satan is in control, so this is definitely not a place we would want to call a permanent home or a domicile:
Satan could not have offered the kingdoms of the world to Jesus and tempted Him with them unless he controlled them to begin with. Satan is in control while we are here. Only a fool or an atheist would intend to make a wicked earth controlled by Satan into a "permanent place of abode".
Only a person who hates this life and the earth as they are and who doesn't want to make it a "permanent place of abode" or "domicile" can inherit eternal life.
Any attempt to think about citizenship, domicile, and residence any way other than the way it is described here amounts to a devious and deceptive attempt by the Pharisees [lawyers] to use the "traditions of men" to entrap Christians and churches and put them under government laws, control, taxes, and regulation, thereby violating the separation of powers doctrine. The Separation of Powers Doctrine as well as the Bible itself both require churches and Christians to be totally separate from government, man's laws, and control, taxation, and regulation by government. See Great IRS Hoax, sections 4.3.5 and 4.3.12 for further details on the competition between "church" and "state" for the love and affections of the people, and why separation of these two powers is absolutely essential.
Since the only definition of "resident" found anywhere in the Internal Revenue Code or the Treasury Regulations is that of a "resident alien", found in 26 U.S.C. §7701(b)(1)(A), then we are not "residents" because we are not "aliens". Therefore, we do not have a "residence". Instead, we are "nonresident aliens" and "nationals" but not "citizens" under federal law and under 8 U.S.C. §1101(a)(21). Furthermore, the term "residence" is not defined in the Internal Revenue Code, and therefore we have no way of knowing what it means until it is defined in the code itself. It is a sin for Christians to "presume" or "assume" anything, under Numbers 15:30 and Psalms 19:12-13. If a "residence" must be established for any reason, you are free to conclude that it is the same as our "situs" and "domicile", which is Heaven, because this type of conclusion will not prejudice our legal rights or status. Any other location of "residence", however, will prejudice our rights and is NOT authorized. We believe that the word "residence" was invented by the legal profession as a way to separate intent from the word "domicile" so that people would no longer have a choice of their legal home, and this is a tyranny that we will have no part of.
I declare that the foregoing facts and statements are true to the best of my knowledge and ability, and I do so under penalty of perjury from without the “United States” under “28 U.S.C. 1746(1). This perjury statement is enforceable only under state law with a jury trial when all information contained at http://famguardian.org is admitted into evidence and subject to examination by both the jury and the judge.