|INSTRUCTIONS: 3.13. Correct government records documenting your citizenship Status|
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"It is better to trust in the Lord than to put confidence in man. It is better to trust the Lord than to put confidence in princes [the government]."
Deceiving Americans into mis-representing their citizenship status on government forms and legal pleadings is the number one method by which the government destroys the sovereignty of the people. 28 U.S.C. §1603(b)(3) says that a person who is a "citizen of the United States", where "United States" is used in a statutory context and means the federal zone, may not be a foreign sovereign. The first step to becoming sovereign then is to ensure that our proper citizenship status is reflected in ALL EVIDENCE that the government and private businesses have about us. This includes the following mostly government documents:
1. Any state or federal tax returns we file (some of which as if either we or our children are “U.S. citizens”).
2. State voter registration (most states require us to declare under penalty of perjury that we are a “U.S. citizen” in order to be able to register to vote).
3. State driver’s license.
4. Military service record and security clearance (most security clearances ask a person if they are a “U.S. citizen”)
5. Social security records.
6. Passport applications (most passport applications ask us if we are a “U.S. citizen”).
7. Birth certificates.
8. The paperwork our employer maintains on us (employment applications frequently ask us if we are a “U.S. citizen”).
9. The paperwork our bank and financial institutions maintain on us.
All of these sources of evidence may be subpoena’d by the government if or when we have to litigate to defend our rights, and we don’t want to give them ANY ammunition they can use against us to prove their case that we are a citizen subject to federal law. First, let’s define some terms:
Are you a “U.S. citizen” as defined in the Internal Revenue Code? You decide. Here’s the ONLY definition of “U.S. citizen” we could find anywhere in either the Internal Revenue Code and the Implementing Regulations after an electronic search of the entire code and regulations:
26 C.F.R. § 31.3121(e) State, United States, and citizen.
The answer is EMPHATICALLY NO! In order not to be classified as a “U.S. citizen”, we must have proof, or there is a presumption that we are. The American Jurisprudence Legal Encyclopedia, at 3C AmJur 2d 204 in section 2677 entitled “Presumptions concerning citizenship” says the following:
As a general rule, it is presumed, until the contrary is shown, that every person is a citizen of the country in which he or she resides. Furthermore, once granted, citizenship is presumably retained unless voluntarily relinquished, and the burden rests upon one alleging a change of citizenship and allegiance to establish that fact. Consequently, a person born in the United States is presumed to continue to be a citizen until the contrary is shown, and where it appears that a person was once a citizen of a particular foreign country, even though residing in another, the presumption is that he or she still remains a citizen of such foreign country, until the contrary appears.
The number one argument the government and the IRS will use against us in tax matters goes something like this:
Here is a real-life example of that from a real trial:
"Unless the defendant can prove he is not a citizen of the United States, the IRS has the right to inquire and determine a tax liability."
This is the main argument they use in front of juries as well. This exact statement is what the IRS revenue agent told us when we called to report that we had no income tax liability. This argument, however, falls apart if they can’t affirmatively prove your U.S.** citizenship because they don’t have any evidence, and because you have evidence to the contrary! If you aren’t a “U.S. citizen”, then you must be a “nonresident alien” because nonresident aliens are defined in 26 U.S.C. §7701(b)(1)(B) as persons who are not “U.S. citizens”. We also know from chapter 5 of the Great IRS Hoax that nonresident aliens who are not engaged in a "public office" in the U.S. government (the recipient of government privileges) don’t have to pay income tax because they have no “U.S. source” income under 26 U.S.C. §871(a)! Note from 8 U.S.C. Section 1101(a)(22)(B) that you can be a "national” without being described as a “U.S. citizen”. That is the category we want to be.
The above argument derives from the idea that the federal government may tax a "U.S. citizen" wherever he is, including in geographical areas abroad and outside its general territorial jurisdiction within the federal zone. In the U.S. Constitution Annotated, under the Fifth Amendment (see http://caselaw.lp.findlaw.com/data/constitution/amendment05/13.html - 6) , here is what it says about this subject:
"In laying taxes, the Federal Government is less narrowly restricted by the Fifth Amendment than are the States by the Fourteenth. The Federal Government may tax property belonging to its citizens [statutory "U.S. citizens" under 8 U.S.C. §1401, but not "citizens" as used in the Fourteenth Amendment or the Constitution], even if such property is never situated within the jurisdiction of the United States, and it may tax the income of a citizen or resident abroad, which is derived from property located at his residence. The difference is explained by the fact that protection of the Federal Government follows the citizen wherever he goes, whereas the benefits of state government accrue only to persons and property within the State's borders."
This point is VERY important, because it clearly indicates from where the jurisdiction of the United States government to tax derives. It isn’t mainly a geographical jurisdiction, but instead originates mainly from the taxable activities we engage in, such as a "trade or business", and also from our domicile. Calling a person a "citizen" under the Internal Revenue Code simply implies that they maintain a "domicile" in the District of Columbia. See:
The jurisdiction to tax "trade or business" income doesn’t extend into the sovereign 50 Union states because the power of income taxation is reserved by the states under 1:2:3 and 1:9:4 of the Constitution. However, federal jurisdiction to tax domiciliaries of the federal zone does extend to foreign countries under 26 U.S.C. §911. The U.S. Supreme also admitted this in Cook v. Tait, 265 U.S. 47 (1924). Those who are born in and domiciled in a state of the Union, however, are not counted as “citizens” under the Internal Revenue Code, as revealed in our article below:
Instead, people domiciled in states of the Union are "nationals" or "state nationals" and should be careful to properly document their citizenship status on all government forms to ensure that the federal government is not deceived into thinking that they are domiciliaries of the federal zone.
Let’s first start off with a definition of “expatriation”:
“Expatriation: The voluntary act of abandoning or renouncing one’s country, and becoming the citizen or subject of another.”
Based on the above definition, we don’t need to abandon our NATIONALITY or allegiance to the country, we want to abandon our “U.S.** citizen” or “citzen of the [federal] United States” status under all “acts of Congress” and federal statutes as described in 8 U.S.C. §1401, so “expatriation” is definitely not the right word to describe exactly what we want to do. Therefore, we have to invent a new word, and we’ll call it “amending” or “correcting” or “converting” your citizenship status. There are two possible statuses that we can “convert” to:
1. "national" under 8 U.S.C. §1101(a)(21)
2. "state national"
Which of these above two statuses you choose to convert to depends on the choice you make and your situation. Below is a table summarizing the advantages and disadvantages of each as we understand them:
Table 8‑5: Citizenship Alternative Comparison
1. In the case of items 3, 4, and 9 above, some of our readers have been able to obtain these benefits as "state nationals" or "nationals" by virtue of amending the government's forms electronically and identifying themselves as "California Nationals", for instance. Another popular and successful technique is to redefine the term "U.S. citizen" used on the form to mean "California National" or to redefine the term "United States" to mean "United States***" the country, and not "United States**" the federal zone. The ignorant government clerks processing the forms have not noticed this and approved their applications anyway.
2. The table above has one question mark that we aren't sure of based on reading the instruction. That is the one under item 8 above. 32 C.F.R. § 1602.3(b)(1) says that either "nationals" or "U.S. citizens" can serve in the U.S. military. SECNAVINST 5510.30A, Appendix I, page I-1 also says that for the purposes of security clearances, "nationals" and "U.S. citizens" are equivalent. The implication is therefore that you can be a "national" and still not lose your retirement benefits, but Chapter 6 of DOD 7000.14-R, Volume 7B doesn't explicitly say this.
The table above has one question mark that we aren't sure of based on reading the instruction. That is the one under item 7 above. 32 C.F.R. § 1602.3(b)(1) says that either "nationals" or "U.S. citizens" can serve in the U.S. military. SECNAVINST 5510.30A, Appendix I, page I-1 also says that for the purposes of security clearances, "nationals" and "U.S. citizens" are equivalent. The implication is therefore that you can be a “national" and still not lose your retirement benefits, but Chapter 6 of DOD 7000.14-R, Volume 7B doesn't explicitly say this.
The procedures for achieving “national” rather than “U.S.** citizen” status are documented in 8 U.S.C. §1452. This section documents how to become a “national”. The procedures for becoming a "state national" are almost identical. Only the citizenship correction notice in section 10.6.9 is different.
Before we discuss the “how to” of “amending” your citizenship status, we’d like to emphasize that the U.S. Court of Appeals, D.C. Circuit, has stated in a still unchallenged ruling in 1957 that the right of expatriation is absolute in the case of Walter Briehl v. John Foster Dulles, 248 F2d 561, 583 (1957):
You can read this case on our website in its entirety below:
You will note that the 15 Statutes at large mentioned above, which authorize expatriation were passed by the U.S. Congress in 1868, just before the 14th Amendment was passed, and allows people to change their citizenship as a way to escape encroachments on their life and liberty caused by the passage of both the 13th and the 14th Amendment. Because correcting government records falsely representing your citizenship status is undertaken for the same reasons as expatriation above, it is just as valid a thing to do as expatriation.
How do you avoid being falsely "presumed" as a domiciliary of the federal zone, which includes “U.S.** citizen” under 8 U.S.C. §1401 or a "U.S. resident" under 26 U.S.C. §7701(b)(1)(A) so you can be treated as a “nonresident non-person” in the context of the income tax?…by changing government documentation containing false information you filled out in ignorance to properly reflect your status as a "national" under federal statutes, or by "expatriating" from the country altogether. Expatriation is the process of renouncing one’s citizenship in a country or a political jurisdiction. Many people do it as a way to escape paying income taxes. As a matter of fact, there is a whole section of the Internal Revenue Code, found in 26 U.S.C. §877 entitled “Expatriation to avoid tax” that tries to limit people’s ability to expatriate in order to avoid tax. Therefore, it must be an effective tool to avoid income taxes because lawmakers have tried to outlaw it! For your reference, below are a few of the laws dealing with expatriation that you might want to examine as you research the process and consequences of expatriation, which you can hotlink to from our website at http://famguardian.org/Subjects/LegalGovRef/Citizenship/Expatriation.htm:
“Expatriating” is one way we can guarantee that the federal government can never assert jurisdiction over us to impose income taxes. “Converting” our citizenship has the same affect and is less drastic. However, WHAT JURISDICTION should we “expatriate” or “convert” to, because there are three definitions of the term “United States” according to the U.S. Supreme Court in Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945)? You might want to go back and review the definition of “United States” from section 4.6, entitled “The Three ‘United States’” at this time.
We’d like to clarify at this point that the term “nonresident alien” is a “word of art” that only has applicability within the context of limited income tax jurisdiction found in 26 U.S.C., and that its meaning is different there than it is elsewhere in the U.S. codes, and especially different from the definition found in 8 U.S.C., which talks about citizenship in U.S.* The Country, also known as the United States of America. The reason is because of the definition of the term “United States” found in 26 U.S.C. §7701(a)(10), which we covered in sections 126.96.36.199 and 4.8 of the Great IRS Hoax as meaning the “federal zone”/U.S.** and not United States the country. However, we must follow the same procedures to abandon the U.S.**/federal zone and our presumed federal "U.S.** citizen" status under "acts of Congress" and federal statutes as as we would use to expatriate our nationality in the country United States, because the presumptions and burden of proof standards are the same.
What is the procedure to abandon our "U.S. citizen" status but not our "Nationality"? Below is a synopsis of the procedure, along with the reference from which that step derives based on our research:
1. Doing a Rescission on all IRS Form 1040 Signatures with the IRS. This step involves stating the following:
I, ________________________________________________, Citizen of ___________________________________(state) and domiciled in _________________________________[county], ___________________________, one of the American union States, hereby extinguish, rescind, revoke, cancel, abrogate, annul, nullify, discharge, and make void ab initio all signatures, belonging to me, on all previously filed Internal Revenue Service, W-4 Forms, 1040 Forms and all State Income Tax Forms and all powers of attorneys, real and implied, connected thereto, on the grounds that my purported consent was not voluntarily and freely obtained, but was made through mistake, duress, fraud, and undue influence exercised by your agency and my employer. Pursuant to Contract Law: “All 1040 and W-4 Forms are, hereby, extinguished by this rescission.”.
Rescission: (Black’s 6th Edition Law Dictionary) “To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. The right of rescission is the right to cancel (rescind) a contract upon the occurrence of certain kinds of default by the contracting party. To declare a contract void in its inception and to put an end to it as though it never were. Russel v. Stephens, 191 Wash. 314, 71 P.2d 3031…A rescission amounts to the unmaking of a contract, or an undoing of it from the beginning. It necessarily involves a repudiation of the contract and a refusal of the moving party to be bound by it…”
I was induced by fraud and duress to sign such forms and I was denied full disclosure of the voluntary nature of such forms. I was mislead by those who knew, or should have known, into believing that filing such forms was mandatory and/or implied, were inconscionable and grossly unfair to me. I was unduly influenced by the stronger bargaining power of my employer, the Internal Revenue Service and the State Tax agency, and acted under an implied threat and fear of losing my job and my property and out of fear of potential imprisonment for non-compliance. Any alleged consent is null and void as it was given under duress, by mistake, and by fraud. Notwithstanding any information which you may have to the contrary, any forms that have been filed, and any implied quasi contracts that you may feel you have with me, were filed illegally and unlawfully and are without force/and or effect.
I further revoke, rescind, and make void ab initio all powers of attorney pertaining to me for any and all governmental/quasi/colorable agencies and/or Departments created under the authority of Art. I, Sec. 8, Cl. 17, and/or Art. IV, Sec. 3, Cl. 2 of the Constitution of the United States.
2. Revoking your Election to Treat Income from Real Property as Effectively Connected to a Trade or Business in the United States:
2.1. WARNING!: An election to treat income from real property as effectively connected with a trade or business in the United States is automatically made when one files an IRS form 1040 for the first time, and can only be revoked by strictly following procedures. This is discussed further in section 5.3.4 of the Great IRS Hoax, which we won’t repeat hear.
2.2. 26 C.F.R. 1.871-10(a) states:
2.3. To revoke your election, follow the procedures shown in 26 C.F.R. 1.871-10. Below is what you need to do:
2.3.1. “If the taxpayer revokes the initial election without the consent of the Commissioner he must file amended income tax returns, or claims for credit or refund, where applicable, for the taxable years to which the revocation applies.” 26 C.F.R. 1.871-10(d)
2.3.2. Revocation of election requires the consent of the Commissioner of Internal Revenue:
2.3.3. You will note that you DON’T need the IRS commissioner’s consent to make a voluntary election and you can revoke it within the first taxable year you make it by filing a 1040 form, but you need his consent to revoke an election. You will also note that the regulations don’t prescribe the criteria under which the commissioner may deny a Revocation of Election. This, of course, represents a violation of due process of law and the 5th Amendment property protections and represents a “trap” set by the government to suck you into the federal zone and keep you there so they can rob you blind. This is skullduggery at its finest, and there is no reason why you should need to ask for someone else’s permission to have control of your assets and income back. The one-way diodes and check valves in the District of Criminals (Washington, D.C.) came up with this trick to make it easy to continue plundering your assets.
2.4. We have a sample form in section 10.6.5 for accomplishing the Revocation of Election.
3. Changing Your Voter Registration:
3.1. Most states require you to sign a voter registration affidavit stating that you are a “U.S. CITIZEN” in order to vote in state elections. They almost never define what they mean by this term on the form or in their election laws so you should specify what it means on the form. This form is microfilmed by the registrar of voters and made into an official recorded state document. You need to be sure that the form properly reflects your choice of citizenship status by modifying the form to add the following explanatory paragraph in any area they give you room to write on the form:
3.2. In case what you write on the form is unclear, you also need to attach an additional page. If you attach an additional page to this affidavit, the attachment is usually not recorded with the original affidavit and does not become evidence, so you will need to put a note on the Affidavit form not close to the borders so it will be microfiched successfully that states “Not valid without attached additional Affidavit of Clarification and Citizenship for Voter Registration”.
3.3. You will find a copy of the recommended page to attach to your voter registration in section 10.6.6 entitled Voter Registration Affidavit Attachment.
3.4. Get a notarized copy of your voter registration that includes the attachment from your county recorder after you file your affidavit in the manner above. This will become very important legal evidence should your citizenship ever be questioned in court.
4. Update your government security clearance. Add the Affidavit of Clarification of Citizenship for Security Clearance found in section 10.6.7 to your security clearance. If you have already made the security clearance application, come in after the fact and have them attach the affidavit to your application. This will clarify your citizenship.
5. Notice the Secretary of State of the U.S. and the Attorney General via Certified mail with a proof of service of your Citizenship Status:
5.1. Send them a letter stating the following:
5.2. You also might want to attach to this letter as an enclosure the Affidavit of Rescission found in section 10.6.4.
5.3. Be sure to keep a notarized copy of the letter(s) so you can use them as evidence in court of your citizenship status.
6. Publish a notice in the newspaper of new citizenship status.
6.1. Publish the following notice in your local newspaper, and conform with your State’s legal notice requirements:
6.2. Obtain an “Affidavit of Notice” from the newspaper after you publish the above.
7. Rescind your application for Social Security and send a revised SS-5 form to the Social Security Administration
7.1. The SS-5 form is the form used to request a new or duplicate social security card. Block 3 is used to identify your citizenship. The choices are:
7.1.1. U.S.[**] citizen.
7.1.2. Legal alien allowed to work.
7.1.3. Legal alien not allowed to work
7.2. WARNING: Do NOT check the box that says U.S. citizen! Instead, you should check the box that says “Other” and then write the word “American” next to “Other”. According to the instructions on page 1 of the form, if you check “Other” then:
If you check “Other”, you need to provide proof you are entitled to a federally-funded benefit for which Social Security number is required as a condition for you to receive payment.
7.3. In this case, the proof is your birth certificate listing where you were born. It should show that you were NOT born in a federal territory or military hospital, but in a location other than the U.S.**, which includes the District of Columbia or a U.S.** possession.
7.4. Make a copy of the form and write an affidavit of proof of service to attach with the form that is notarized by a notary. Keep a copy of this notarized copy for your records to prove your correct citizenship.
7.5. There is a presumption found in 26 C.F.R. § 301.6109-1(b) that if you submit a tax return to the U.S. government, then you are by default a “U.S.** person” unless you refute this presumption with proof. As a presumed U.S.** citizen or a “U.S.** person”, you have NO constitutional rights! Here is what the law says about the requirement to provide a social security number when furnishing returns:
The point is that if you aren’t a U.S.** citizen, then you AREN’T required to provide an identifying number on any tax return. That's the foundation of the reason in this section why we want you to expatriate.
7.6. Even more interestingly, under 26 C.F.R. § 301.6109-1(g), having a social security number creates a presumption that you are a be U.S.** citizen and you therefore have to rebut the presumption. If you want to overcome the presumption that you are a U.S. citizen or U.S.** person, then you must request a change in the status of your Social Security Number! Here is what the law says about the requirement to provide a social security number when furnishing returns:
7.7. We have a sample letter in Section 10.6.8 entitled “SSA Notice of Change in Citizenship” for you to attach to your SS-5 form.
8. Updating Your U.S. Passport
8.1. Those who are “state nationals” under 8 U.S.C. §1101(a)(21) have a special endorsement or amendment on their passport, which usually appears on page 24 under the section entitled “Amendments and Endorsements”. The government makes the determination that you are a “non-citizen national” based on the evidence of citizenship you submit to them. There is no block on the passport to request that status, so you should attach a sheet or explanation to the DS-11 passport application requesting that status. A good place to start in constructing that attachment is our white paper entitled “Why you are a ‘national’ or a "state national" and not a ‘U.S. citizen’” available on our website at:
8.2. When you fill out this form, make sure you put in blocks 14, 15, and 16 under "U.S. CITIZEN?" the answer "NO" and then next to it write "NATIONAL, 8 U.S.C. §1101(a)(22)(B)". In the "COUNTRY" block, put the name of your state, such as "California". Note the last page, which says that 26 U.S.C. §6039E requires providing name and social security number to the IRS or else a penalty of $500 will be assessed unless a reasonable cause (6039E(d)) can be shown for noncompliance. This penalty IS BOGUS, because:
8.2.1. 6039E applies to "U.S. passports", but the passport issued actually says "United States of America" and not "United States" on the front cover, so the penalty can't apply anyway. There is no such thing as a "United States" passport!
8.2.2. There are no implementing regulations for it like the similar section 26 U.S.C. §6039 (under 26 C.F.R. 1.6039-1) applying to corporations even though IRC 7805 mandates enforcement implementing regulations.
8.2.3. The Western State Law Review article entitled "Passports, Social Security Numbers, and 26 U.S.C. §6039E" analyzes the requirement to provide SSN's on passport applications and concludes that it is an unconstitutional Bill of Attainder which may not be enforced. In effect, including the number on the form amounts to constructive fraud and violation of rights.
8.2.4. Even if the penalty statute had implementing regulations as required, the penalty could only be assessed for corporate persons residing in the territorial jurisdiction of the federal United States as defined in 26 U.S.C. §7701(a)(9) and (a)(10). If it was applied to natural persons, it would violate Article 1, Section 9, Clause 3 of the U.S. Constitution prohibiting Bills of Attainder. It would also violate the First Amendment, which guarantees us the right to NOT communicate with our government as a protected type of free speech.
8.3. Therefore, for SSN put "NONE VALID" or "5th Amendment" or "Private" and put an asterisk next to it with a note at the bottom of the form saying "I.R.C. 6039E has no implementing regulations and therefore penalties may not be lawfully assessed". Also, even if you have an SSN, it is not valid because it was issued without your consent (in most cases) and under fraud and duress. See Asseveration of Coercion for details.
8.4. If you are issued a passport that doesn’t have the “non-citizen national” endorsement in the back on page 24, you can amend the passport later by contacting the National Passport Information Center (NPIC) at:
8.5. If you have problems getting your status as a STATUTORY “non-resident non-person” recognized, you can call the Legal and Advisory Services section of the Department of State at 202-263-2662. You can also call the Passport Duty Officer, who can be reached at 202-663-2465. We talked to the passport Duty Officer, David Carter, on April 15, 2004 and asked him about the relationship between being a “U.S. citizen” on a passport form and the status of being a “U.S. citizen” under federal law found in 8 U.S.C. §1401. Here are some very revealing things that he said:
a. “The ‘U.S. Citizen’ status on a DS-11 passport form means a 14th Amendment citizen."
b. ”There is no relationship between being a Fourteenth Amendment citizen and a ‘U.S. citizen’ under 8 U.S.C. 1401.”
c. “Native Americans can get 'U.S. passports' and are considered ‘U.S. citizens’”
d. “A passport is not proof of 14th Amendment citizenship. If you say you are a ‘U.S. citizen’ and you present a passport, then you are. If you say you are not a ‘U.S. citizen’ and present a passport, then you aren’t.”
9.6. To amend a passport you already have to indicate that you are a “non-citizen national of the United States”, you need to fill out an Amendment Validation Request, form DS-19, and attach an explanation of what you want. We have a sample Passport Amendment Request form letter intended to accomplish this in section 3.6.15.
Below is a link to an instruction sheet we obtained through the Freedom of Information Act explaining how to get an Authenticated copy of your passport application and other records.
To get a certified copy of your passport records, you must send a check for $30 for the first copy and $20.00 for each additional copy. There is no charge when a request is submitted in connection with a request for Federal, State, or municipal benefits or when a court of competent jurisdiction orders production of the record. Send your request to:
If you want to get specific legal questions answered about passports, please format your questions in a letter and send that letter to the Legal Division of the Passport Office of the Department of State at the address below:
You can also request documents or evidence from the Department of State FOIA, but don't ask them legal questions:
For further public information about passports:
 Shelton v. Tiffin, 47 U.S. 163, 6 How. 163, 12 L.Ed. 387 (1848).
 Afroyim v. Rusk, 387 U.S. 253, 87 S.Ct. 1660, 18 L.Ed. 2d 757 (1967).
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