Your Name
Your Street Address
City, State, ZIP
Certified Mail # Date
Senator or Congress Person
Street Address
Washington, D.C.
Senator (or Congressperson):
I have recently read an article on the Internet, posted at Taxgate.com, regarding the W2 Form and the taxes related to the Form. In light of the IRS abuse hearings, and the efforts to correct the situation at the Treasury Department, I am compelled to inform you of what I have learned.
It appears from the article that not only is there IRS abuse regarding the collection of taxes, but there is also abuse occurring, regarding the use of the information on the W2, which claims remuneration paid to U.S. Citizens living in the U.S. to be "wages" pursuant to 26 U.S.C. § 3401 and thus to be withheld from, as the "wages" would constitute "gross income" under the law.
Subsequently, the employers send returns to the IRS, stating that the money paid was "wages" and thus "gross income" under the internal revenue code. This causes assessments and deficiencies to be generated by the IRS despite the legal fact that the remuneration was not "wages" as they did not constitute "gross income".
Now, if the article I read was correct about § 3402 tax being Subtitle A Income Taxes as the title of § 3402 leads me to believe (but is of no legal effect pursuant to IRC § 7806) I am not subject to the withholding of that income tax, as U.S. Citizens and Residents by their nature do not earn "Wages" as defined and required to be withheld pursuant tot he law.
Up until January 1, 1999, 26 CFR § 1.1441-5 plainly provided a remedy for U.S. Citizens and Residents to claim to not to be subject to the withholding of the income tax, to release the withholding agent is released from the duty to withhold. This section of the regultions contained multiple citations of § 3402, which parallels the nature and applicablity of this Chapter 3 withholding provision. Now it is gone, do you have a reason for allowing this fact to now be hidden?
Why did the IRS resist assertions made under the law by this regultion?
What justification was there for changing the regultion after so many years. possibly decades, when the statute remains unchanged?
Also, if the article was also correct in revealing that "wages" are not earned by U.S. Citizens unless included in gross income under § 911, or earned in a foreign country or a U.S. possession, then I never earned any "wages" and was not only not subject to withholding, I also never had any gross income, as § 911 is the only section of law listed, as to where U.S. Citizens earn gross income, according to a regulation regarding U.S. sources. In light of this I was never liable for an income tax as I never had gross income.
This ignoring of the rights of a U.S. Citizen to all portions of their pay not specifically listed as taxable is plainly an abuse of the law, as the definition for "wages" which are subject to withholding under § 3402 of 26 CFR does not include remuneration paid by (non Federal) employers to U.S. Citizens living in the U.S.
What do you suggest that the individual Citizen do to remedy such matters in the most civil way possible?
What will you do to get this abuse of U.S. Citizens, and the taking of their remuneration outside of the law stopped?
Since it is apparent that the withholding in § 3402 is the income tax in subtitle A, why then is the non-resident alien’s money withheld pursuant to his W4 under § 3402, and not the 31% under 26 U.S.C. § 1441 and § 3402 both simultaneously, as the IRS says the Statement of Citizenship under 1441 does not apply to 3402?
In review of the Social Security withholding under § 3102 and reported on the W2 Form, the Social Security Act was originally intended to deal with aliens. To this day aliens are still the only type of person compelled to be subject to this Act.
If the U.S. Citizen is not statutorily subject to the Act as set forth in 42 U.S.C. § 405(c)(2)(B), under what law is the remuneration paid to a U.S. Citizen defined as "wages" in 26 U.S.C. § 3121(a) and thus subject to the withholding under § 3102?
Please answer my questions as it is my sincere desire to comply with the letter of the law, but I want to retain control of every penny that is rightfully mine, under the letter of the law, yet I can find no law that makes me as a U.S. Citizen living in America subject to the withholding of the income tax in § 3402 nor subject to the Social Security Act.
The reality of Social Security not having compulsory authority over me is revealed at Taxgate. If it is not within the authority of the Congress to compel me to be subject to the Social Security Act, and the taxes it requires to be withheld in Subtitle C of the Internal Revenue Code, then I have a right to not be subject to these withholdings, just because I am a U.S. Citizen living and working in the U.S. and thus not a subject of any international tax treaty as well as the International Labor Agreement which created the Social Security Act.
If I am incorrect, please provide me with the citations of law which require me, a U.S. Citizen to obtain a Social Security number as 26 CFR § 301.6109 is circular in its dependency upon requirements in regulations, which are dependent upon requirements in § 6109, and the section of the Social Security law which sets forth the criteria for assignment of the number reveals that only aliens at their time of lawful admission are required to be assigned numbers.
Taxgate has also brought to my attention that when a worker attempts to claim to be "EXEMPT" from withholdings pursuant to 26 U.S.C. § 3402(n), that the Employer is ordered via mail, by the IRS Detroit Computing Center, Questionable W4 Program, to withhold at the rate of single and zero if the worker fails to substantiate his exemption(s) to the IRS.
Specifically, in this type of case, where an employer/payor is not withholding and paying a Subtitle C tax, 26 U.S.C. § 7512 states plainly that only the Local IRS District Director has the authority to order the employer/payor to deduct/withhold, and pay a Subtitle C tax that they have not been withholding. The law also explains that such an order must come from the Director, and that it must be hand delivered, not mailed.
These criteria are again reiterated in the Regulations promulgated by the Secretary of the Treasury. Yet, the IRS never follows them.
What do you think of the IRS making a complete mockery of the authority of the Congress to govern its actions?
What justification is there for this lawlessness emanating from the Detroit Computing Center?
Why is it that the IRS cannot comply with the rule of law set forth by the Congress and as agreed between the Congress and the Secretary of the Treasury?
Why can’t we U.S. Citizens exercise our right not to be subject to the withholding and reporting of "Gross income" which we are not earning when working in the U.S., pursuant to the letter of the law?
Congressperson/Senator, many more Americans and I are learning the truth about our rights and the law. We are learning that there is nothing constitutionally wrong with the laws you and your predecessors have been enacting. We now see how the Office of the Secretary of the Treasury, through the threats contained in the regulations and the IRS publications, has been usurping the rule of law by the Congress, by forcing the Social Security Act upon U.S. Citizens when there is no statutory provision for forced assignment of numbers, and the money earned by a worker is not subject to the taxes unless the worker is legally under the Act. We also now know that only remuneration within the U.S. subject to the definition of "wages" to be withheld from under § 3402, is remuneration included in gross income under § 911.
We want to be free and left alone to prosper. What are you going to do to help us regain our rights to our money/property/labor/time, and when are you going to make sure we who want to be free can be free?
Should you resist, actively or passively, by not responding, our numbers will grow in any event. Remember, that as this becomes a larger political movement, the system you may be seeking to hold together from its present pace of disintegration, will only disintegrate faster.
We the People know that you should figure out a way to help us re-create and return to the RULE of LAW in America.
The choice is yours.
I expect timely and on-point answers from you regarding the above questions. Should you seek answers from the IRS, do not forget to check the answers they give to you, as they have a habit of giving incomplete and off-point answers to Congressional Officials on a regular basis.
Sincerely,
Your Name
Cc: Your Congressperson, Senators, and Taxgate.org