FORMS: 6.3 LETTER TO EMPLOYER REQUESTING ACCURATE/CORRECTED FORM W-2 | ||||||||||||||||
RIGHT click here for the Word 97 version of this document | ||||||||||||||||
This letter is to be sent by employees to their employers. It should be sent preferably a few months prior to employees filing their first Request for Refund with either the IRS or the state income tax authorities. The purpose of this letter is to establish with your employer the following facts: 1. That they have misreported “gross income “ numbers appearing on your W-2 form in the past or that you anticipate or expect that they might misreport it in the future. 2. That you would like for them to properly report your “gross income” as being zero. 3. That they are liable under the law for misreporting your income and for violating your privacy and First, Fourth, and Fifth Amendment rights by requiring you to provide to them a W-4 form or to pay income taxes you don’t owe. <<CITIZEN’S NAME>> <<ADDRESS>> <<CITY>>, <<STATE>> <<ZIP>> <<PHONE>> <<FAX>> <<EMAIL ADDRESS>> <<DATE>
Directed personally to: <<EMPLOYER NAME>> Certified Mail:___________________________ <<TITLE>> <<ADDRESS>> <<CITY>>, <<STATE>> <<ZIP>> Attn: ___________________________ Subject: Request for Compliance with Federal and State Income Tax Reporting and Withholding Laws References: (1) A book entitled The Great IRS Hoax: Why We Don’t Owe Income Tax, available for free downloading from: http://famguardian.org/Subjects/Taxes/taxes.htm. Dear Sir, This letter is being provided to notify you of my wishes regarding employment tax withholding and reporting to the Internal Revenue Service (IRS) as well as state agencies for my pay and benefits. As you know, tax season is fast approaching, and you will soon be mailing out W-2 forms to employees such as myself. Before you get to work preparing my W-2’s and submitting them to the IRS and the state agencies for tax reporting, I want to ensure that the process and methods you use for all employees are in strict compliance with federal and state tax laws and that the resulting W-2 forms are as accurate as you can legally make them. At the same time, I would like to help you minimize your legal liability, both to government taxing authorities and to your employees. I will begin by emphasizing that everything I am about to say in this letter is based on several continuous months of thorough research studying the Internal Revenue Code and the state taxation codes on the Internet in the process of writing a 1,000 page book about income taxes referenced in Ref. (1). I and/or others have also spoken personally to tax attorneys and IRS agents about the content of this letter and have personally confirmed its accuracy and truthfulness. All of the laws I am about to discuss you can read yourself on the internet at the following URL: Below is a summarized list of the requirements that federal law (26 U.S.C., also called the I.R.C or Internal Revenue Code) and other Titles of the U.S. Codes impose on you in the reporting of my taxable wages as revealed by my research. 1. The Privacy Act of 1974 found in 5 U.S.C. 552a covers the handling of personal information, such as Social Security Numbers (SSN’s) and personnel records. This section places clear requirement on government agencies that: 1.1. No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be 1.1.1. (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; 1.1.2. (3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section; 1.1.3. (7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; 1.2. The term ''routine use'' means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. 1.3. In your case, “routine use” DOES NOT include disclosure to the IRS without my consent or knowledge, as the Privacy Act Statement in my employee record does not indicate this is one of the purposes for which such information is maintained or used. 1.4. Therefore, you may not disclose my SSN or my address to outside agencies such as the IRS without my express written consent, which you do not have, nor am I willing to provide such information on a W-4 form which you can provide to such agency. 1.5. If you insist on disclosing to the IRS or any other outside agency my SSN or address or anything other than what I explicitly and personally put on my W-4 form, then you are violating the Privacy Act and I will take you in court and prosecute you criminally for such violation. 2. Internal Revenue Code (26 U.S.C.) section 1 imposes the income tax on “taxable income”. 3. Internal Revenue Code (26 U.S.C.) section 63 defines “taxable income” generally as “gross income” minus deductions. 4. Internal Revenue Code (26 U.S.C.) section 61 defines “gross income” generally as income “from whatever source derived”. 5. Internal Revenue Code (26 U.S.C.) sections 861-865 and related regulations determine the taxable “sources of income”. 6. Income and “wages, tips and other compensation” reported by you to the IRS on form W-2’s must be “taxable income”, within the meaning of Internal Revenue Code (26 U.S.C.) section 63. 7. Internal Revenue Code (26 U.S.C.) section 3401(c ) defined employee as follows: For purposes of this chapter, the term ''employee'' includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term ''employee'' also includes an officer of a corporation. Any non-governmental employees you may have are not considered “employees” by the United States Government as defined above. 8. Even more interesting is the definition of “employer” found in Internal Revenue Code (26 U.S.C.) section 3401(d ) For purposes of this chapter, the term ''employer'' means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person Consequently, if you don’t pay people under your employ who work for the government, then you aren’t an “employer” as per the Internal Revenue Code. 9. The IRS will try to deceive you into thinking that the above definitions do not apply or are not “inclusive” of everything that is taxable. However, section 3.6.1.7 of Reference (1) entitled “’Includes’ and ‘Including’ (26 U.S.C. 7701(c ) clearly shows that the courts do not support this position and that this is an attempt by the Congress and the IRS to exceed their lawful authority. 10. Internal Revenue Code (26 U.S.C.) sections 3401-3406 describe laws relating to withholding of income taxes by employers. 10.1. Internal Revenue Code (26 U.S.C.) section 3403 states the following: The employer shall be liable for the payment of the tax required to be deducted and withheld under this chapter, and shall not be liable to any person for the amount of any such payment. 10.2. In spite of the above, the liability stated only applies to employers operating within the District of Columbia, based on the definition of “United States” given earlier. 11. The only known portion of the U.S. Codes that imposes a geographical limitation on the applicability of direct (on people rather than businesses or other “legal fictions”) U.S. income taxes is 26 U.S. Code Section 861. This is the section which addresses the “source” issue and imposes a clear requirement that taxable income not only must be of a taxable type, like that found in 26 U.S. Code section 61, but it must ALSO come from a taxable “source” that is tied to some geographical boundary. If you are going to insist that 26 U.S.C Sec. 861 doesn’t apply to me as a citizen of the USA living in the 50 states with only income from the 50 states, then you are going to have to find another section of the Internal Revenue Code that imposes a geographical limitation, because otherwise, the entire tax code would apply to EVERYONE IN CHINA, which clearly doesn’t make sense! This finding is consistent with the following case of Graves v. People of the State of New York, 59 S.Ct. 595 (1939):
It is also consistent with the 26 C.F.R. section 1.861-8(f)(1) as discussed in sections 5.5.6 of Reference (1), which identifies specific sources that are taxable. All sources other than those listed in that regulation are, by definition, excluded as explained in section 5 of Reference (1). 12. The Internal Revenue Publications are a fraud and cannot be relied upon to sustain a legal position nor can they be used as evidence of a “reasonable belief” in a court of law. This is confirmed in the IRS’ own Internal Revenue Manual (IRM), which states:
This finding is also confirmed by the following federal court cases:
For all of the above reasons, I do not recommend referring to, relying upon, or using any of the Internal Revenue Publications in the administration of payroll tax withholding in your organization,, because the IRS or employees working for the IRS cannot be held liable in any way for fraudulent, misleading, or downright false advice or information they provide to you in any of their publications, or over the phone. 13. Taxability of “wages”: 13.1. “gross income” within the ambit of Chapters 71 through 86 of the Internal Revenue Code (26 U.S. Code) does not include or list wages. For instance, these chapters do not specify wages as “gross income”. 13.2. Internal Revenue Code (26 U.S.C.) Section 61 identifies something that might be mistaken for wages, namely: (1) Compensation for services, including fees, commissions, fringe benefits, and similar items; You will note that “wages” are not listed or included anywhere in the definition above, nor are they listed anywhere in the IRC as being part of “gross income”. 13.3. Because labor is considered property, per the findings of the U.S. Supreme Court in Butcher’s Union Co. v. Crescent City Co. (111 U.S. 746), and because wages received for labor rendered constitute a nonprofit exchange of property rather than taxable “profit” that is part of “gross income”, and because all of my income results from such wages, none of my income is considered “gross income” subject to direct taxation by the U.S. Government or the State of California. This conclusion is consistent with the findings of the federal courts in Stapler v. U.S., 21 F. Supp. AT 739, which said: "Income within the meaning of the Sixteenth Amendment and the Revenue Act, means 'gain'... and in such connection 'Gain' means profit...proceeding from property, severed from capital, however invested or employed, and coming in, received, or drawn by the taxpayer, for his separate use, benefit and disposal... Income is not a wage or compensation for any type of labor." 14. The jurisdiction of the “United States” government to impose direct income taxes on my wages is limited to only the District of Columbia and not the 50 states of the United States of America. For instance, the definition of the term “United States” appears in the Internal Revenue Code section 7701 as:
And in that same section, “State” is defined as follows:
You will note that “States” is the plural of “State”, and that “State” refers only to federal territories and possessions, and NOT to the 50 states of the Union. This conclusion is clearly explained (much more clearly than in even the statutes themselves) in section 5.2.4 “The definition of the word ‘state’, key to unlocking Congress’ ruse and the limited application of the Internal Revenue Code” of Reference (1). Therefore, the Internal Revenue Code DOES NOT apply to me, as it has jurisdiction only within the District of Columbia. There is simply no authority delegated to the IRS to enforce the IRC within the 50 states of the union upon citizens. This is no accident, but is a direct result of the restrictions imposed on the U.S. Government in Article 1, Section 8, clauses 1 and 3 and 1:9:4 of the U.S. Constitution. Even if you want to assert that I am a citizen of the United States, you will still not be able to extend the jurisdiction of the federal courts or your authority beyond the boundaries of the District of Columbia and foreign lands for the purposes of the Internal Revenue Code because of the above limitations. This may have something to do with why the Internal Revenue Code was never enacted into positive law..because it has no effect on citizens anyway! 15. I wish to remind you quite clearly that federal income taxes, when enforced directly upon citizens of the united States of America, without apportionment, for income from domestic (within the 50 states) sources, do indeed constitute direct taxes and are unconstitutional as ruled in the Supreme Court case of Pollack v. Farmer’s Loan and Trust Company (157 U.S. 429, 158 U.S. 601) and Evens v. Gore (253 U.S. 245). These cases have never been overruled, and are also consistent with the fact that no where in the indexes of 26 U.S.C. (the Internal Revenue Code) is there a reference to the fact that U.S. citizens (or natural born persons) are liable for the payment of taxes on income. 16. The 16th Amendment, which allegedly authorized “taxes on income” (even though it was fraudulently ratified) did not remove the constitutional prohibition against direct taxation of citizens without apportionment to the states. The only type of income tax the 16th Amendment authorized was indirect income taxes imposed on businesses and other “legal fictions” as an “excise tax” (that is to say, a tax on a business transaction or event paid by a business entity and not an individual directly). This was confirmed in the following two Supreme Court cases: 16.1. Brushaber vs. Union Pacific Railroad (240 U.S. 1). 16.2. Stanton v. Baltic Mining (240 U.S. 103) 17. The Thirteenth Amendment to the U.S. Constitution outlawed slavery. Slavery is an involuntary condition where one does not have control over the fruits of his own labor, and has no property rights. A condition of slavery is imposed by direct income taxes on people in direct violation of the 13th Amendment. For instance, if I am in the 28% marginal tax bracket, which I believe that I am, and federal income taxes are imposed directly on my wages, then in effect, I am a slave for 28% of the year. Either I’m entirely free or I’m a slave, but I can’t be both! The only thing necessary to make me a complete slave would be for congress to increase the federal income tax rate to 100%. And by the way, if they did this, the rights of the State of California would be completely suppressed and thereby the balance of powers envisioned by the founding fathers in the constitution would be completely eliminated! This would in turn violate the Tenth Amendment to the U.S. Constitution. You might be tempted to say that any kind of tax is slavery, but in fact this is not true. The U.S. Constitution allows for excise taxes, which are also called indirect taxes within the Constitution. These taxes are on business transactions or events (like sales taxes). The payment of these types of taxes is discretionary, as all you have to do to avoid them is not buy something or not perform the event that is taxed. What other rational way is there to interpret this? See the U.S. Supreme Court case of Butchers' Union Co. v. Crescent City Co. (111 U.S. 746) for further details on this issue. Here is a quote from that case:
|