Bing
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Thanks for the thoughtful reply.
I am not a lawyer and this post is NOT legal advice.
Don't even consider doing anything violent to any person or property. So you would be well served to eliminate that option.
Hypothetically speaking, you and your friend may want to consider reading and studying the contents of the family guardian website. Also, read and study the Organic Laws of the USA and by all means, be sure to read and study US supreme Court cases.
Defending your friend is secondary to making certain that he or she is educated about the law and the regulations.
If your friend's issue is that he has stopped or he wants to stop paying income taxes and he genuinely believes that he is not liable, than it is important that their belief be backed up and supported by something substantive. So, for starters, I wanna suggest that they read and study Flora v. U.S., as well as Hale v. Henkel, Butcher's Union v. Crescent City, Coppage v. Kansas, and the Cheek and Boyd cases as well.
The US supreme Court has ruled that if a person has a reasonable good faith belief, regardless of how unreasonable it may be, that they are not required to pay income taxes, then they lack the element of willfulness that is required to violate a known legal duty and they can not be convicted of committing a crime.
Now, the US supreme Court has also decreed that if one relies upon US supreme Court decisions, then that too is sufficient to negate the charge for “willful failure to file.” In addition, one may also obtain legal opinion letters which conclude that you or your friend has no legal obligation to file a 1040 tax return.
The single most important thing is that a person has to take the responsibility of educating themselves about what the laws require or don't require. And that takes genuine effort and a considerable amount of time.
I can think of no better place to start on the journey to freedom and sovereignty, than the Bible and the family Guardian Website.
Finally, your friend can wait until Sonik Speed graduates #1 in his Law School class and passes the Bar Exam, and then hire him to save your friend. 😎
Good luck.
Bing
Yes, by all means, please post it. This is good stuff.
Thanks.
Bing
Thanks for the update, Author #2. 🙂
But I am genuinely sorry to learn that the IRS goons are harrassing you.
Stay strong and keep the faith.
Bing
jrv, thank you, sir, for posting that.
Bing
Thanks for the update.
GO, Lynn, GO!!!!
Bing
Well, hypothetically speaking, it is generally a good thing if a person possesses some type of specialized knowledge or expertise or ability that they can effectively leverage and exchange for $$$$ or other property.
For instance, if one was a decent painter, or a wood carver, one could possibly sell or exchange their paintings or carvings for $$$ or some other property.
In the modern world, unless one has inherited wealth, wherein they are not required to earn an “income” but can live off of their inheritance, then they are either going to marry into wealth, or else they will either have to get a real job or go out on their own and be their own boss.
If you are lost and don't know what to do. Or you don't know how to make a living, why don't you simply pray and I am sure God will eventually show you the way.
You will need to figure out what it is that you enjoy doing and how best to make a living doing precisely that.
It is doubtful that you can escape entirely, the Bablyon of which you speak. You live an the modern world and you are surrounded by corruption.
You may want to consider reading the book, “What Color is Your Parachute” by Bolles.
Just do the best that you know how with what you have, and let God take care of the rest.
Good luck.
Bing
JRV, sir, first and foremost, thank you for serving our Republic in the USMC.
Second, if I were you, I would stay away from Tax Court. The TC is located in Washington, D.C., and we know from the US supreme Court's decision in Downes v. Bidwell, that the USA Constitution is not applicable inside the District or any other US territory/possession. I guarentee you that if you go to TC you will lose and waste your time and $$$. Not only that, if you make a pleading in TC, you agree that the IRS has jurisdiction over you.
Remember, the Internal Revenue Code applies only to Taxpayers. And the same goes for the IRS' territorial court known as Tax Court.
I myself do not file income tax returns and haven't for many years. If you believ you are not liable, then follow your belief and don't cave in to these crooks.
Assuming that you were born inside one of the Union states and that you are not a U.S. citizen and are not engaged in a “trade or business” inside the federal United States, then the only Form that might be appropriate in your case, is IRS Form 2333 (I think that is the form #). It is for non-resident aliens.
If you haven't done so already, I also want to suggest that you check out the website http://www.sedm.org. They have powerful letters that you may be able to use and it will save you a ton of time.
Good luck and keep us posted of your progress.
Bing 🙂
I bought Griffin's book.
It is absolutely superb in every respect.
Truly nonpareil and worth far more than the $20 I paid for it.
I am about 1/2 done reading and I love it!! 🙂
Bing
Aviatngal, I also want to suggest that you provide your company payroll department with a photocopy of the case decided in federal court wherein the court ruled that, “Employer is not authorized to alter withholding exemption certificate filed by employee or to dishonor employee's claim.”
Please refer to USA v. John Paul Malinowski, 347 F. Supp. 347 (1972).
Now, the only problem that I have with that decision is that the Court specified “employee's”, and, legally speaking, you are NOT an employee. That is an entirely different story and I doubt that you will want to argue that particular point with them.
Hypothetically speaking, one might provide the other side a copy of the case and then attach a brief note respectfully requesting that the firm comply with the court's decision and the federal regs.
If they are disobeying the Code of Federal Regulations i.e 26 CFR 31.3402(p) and 31.3402(n), it is most likely that they will also dismiss the Malinowski decision, too.
But I figure that it is worth a shot.
Good luck.
Bing
I think it is a disgrace that these firms disobey the federal regulations and essentially steal their worker's property by withholding income taxes against the wishes of the worker.
Some theorize that using 26 USC 3402 (n) & (p) and 26 CFR 31.3402(n) & (p) is a mistake because only those who are subejct to income tax, i.e. taxpayers, are required to use the tax regs. And my rebuttal to that position is that although it is true that 26 CFR and 26 USC apply to taxpayers only, and not to nontaxpayers, the fact is that most companies possess a federal tax ID # and they are already acting as withholding agents for other workers.
Thus, because the firm has accepted the IRS' jurisdiction and authority, then they likewise are required to abide by the relevent federal regulations. So far, I have been eable to stop the withholdings by merely relying upon the IRC, the regs, and in some instances, I wrote a memo that helped explain things more clearly.
So, even though a worker who is a non-taxpayer need not cite or rely upon 26 CFR 31.3402(p), they generally have no alternative then to cite that regulation section if they want to persuade the company that a withholding arrangement is a voluntary act and a W-4 is not required in order to work.
You may want to review your state Constitution because you may have some additional ammo there as well to use against your company.
I can say this, if they are giving you such a difficult time about your desire to stop the withholding, and they are doing so after you gave them the regs, this does not bode well for you.
Bing
- Toto75 wrote on Feb 18 2004, 06:47 AM:Let's just be quite blunt here…. is the entire tax honesty movement based on unanswered reply letters and eventual court dates that end up costing more than it's worth in the long run?
No, the Tax Honesty Movement is based upon the fundamental belief that American Citizens have unalienable rights as a consequence of their natural birth inside one of the Union states.
Now, if one is an Ameircan Citizen, one is born under the protection of the Declaration of Independence and the USA Constitution. This means you were born with unalienable rights. And we know from Hale v. Henkel, that the US supreme Ct. said that one may stand upon their constitutional rights as a citizen.
Among these unalienable and constitutional rights, are fundamental liberties, such as the right to pursue one's happiness by making and earning a living and pursuing an vocation. See Coppage v. Kansas, 236 USA 1 (1915); Allgeyer v. Louisiana, 165 US 578; U.S. v. Cruikshank, 92 U.S. 542 (1876); and, Adair v. U.S.
Remember, in Murdock v. Pennsylvania, 319 U.S. 105, 113 (1943), the US supreme Court ruled that the government “may not impose a charge for the enjoyment of a right granted by the federal constitution.”
And working for a living and acquiring personal property, is a basic part of every American Citizen's unalienable right and personal Liberty.
Guarantees embedded in the USA Constitution cannot be manipulated out of existence. See Frost v. Rail Road Comm. State of California., 271 US 583.
The USA Const., Art. 1, Sec.2, Cl. 3, and Art 1, Sec.9. Cl. 4 require that direct taxes on American Citizens be based upon apportionment. Check it out.
I have lots of unanswered letters. The more times the IRS does not reply to my letters, the greater they appear to be operating in bad faith. I always remind them that they failed to reply.
We need a full-court press on these guys from as many concerned Citizens as we can muster.
Keep writing to the IRS and keep them on the defensive.
Bing
A practice that I have found is highly effective, is I copy 26 CFR 31.3402(n)-1, titled, “Employees incurring no income tax liability.” Then I prepare the Withholding Exemption Certificate by using some of the exact same wording found in the regulation at 26 CFR 31.3402(n)-1.
In other words, use and apply the federal regulations to your advantage. When you do so, always provide the other side with photocopies so they can see for themselves, the regulatory authority that supports your position and request.
In the 4-1-03 edition, you will find the reg located on page 242 and 243. This is a very critical section because it spells out just exactly what one needs to do if one is a nontaxpayer. It is relatively easy to understand too. Don't get bogged down in the extraneous regs, just focus on relying on those regs that most strongly advance your position, like, for example, 26 CFR 31.3402(n)-1.
The Withholding Exemption Certificate that I use with my clients says the following:
“I hereby certify to being exempt by law from all income tax withholdings because:
“1. No liability for income tax has knowingly been incurred by me under Subtitle A in the preceding calendar year; and,
“2. No liability for income tax will knowingly be incurred by me under Subtitle A in the current year.
“Thank you in advance for your prompt handling of this important matter.
“Sign _____[blue ink only]________________________per, 28 USC 1746 (1).
Name Printed__________________________
“ALL RIGHTS RESERVED WITHOUT PREJUDICE, UCC 1-207.
“Street address_____________________________
“County___________________________________
“Union state _____________________”
END
***************************************************************
I am not suggesting that you or anyone else do anything. I am not a lawyer and I don't give legal advice. I am only sharing what has worked for me and this post is for discussion purposes only. 😆
Please note that the regs make reference to a “taxable year” and what I did is I deleted that and inserted the phrase “calendar year.” Only taxpayers can have taxable years. A non-taxpayer simply has a calendar year because they have no income tax liability.
Also, I do not allow my nontaxpayer clients to put their socialist security number on the “Exemption Certifcate in Lieu of W-4”. If you do that, you taint it and you contradict yourself. Nor do I place a ZIP Code on the exemption certificate.
When you print your name, use upper and lower case letters, do not print in all upper case.
The other thing that you may need to add to the above, is when you file, you may want to consider whether to also attach a copy of the regs at 26 CFR 31.3402(p)-1, titled “Voluntary Withholding Agreements”. Highlight the words that indicate the true, voluntary nature of the withholding arrangement. Words such as “An employee and his employer may enter into an agreement…”, and “An agreement may be entered into..”
Try and keep things as simple as possible.
I realize that some here may advocate using IRS Form 8233, but I have never found it necessary to use 8233 to stop withholding.
It is very important at all times to remain on cooperative terms with your company payroll dept. Try not to argue with them.
What you want to do, and the approach that I have found works most effectively, is simply share the pertinent regulations with “the other side” and usually, once they read and understand that yes, indeed, you do possess the lawful right to cease your withholding of income taxes, they tend to abide by the laws and the regs.
Don't expect them to simply accept what you say as the truth, you have to guide them along the path and let them sorta reach the conclusion on their own.
Good luck.
Bing
Aviatngal, I just now read your two recent posts. I have not checked this BBS in the last few days.
I will get back to you shortly.
Don't be intimidated by the IRS' so-called Feb 15th deadline.
At any time during the course of any given year, you are lawfully permitted to modify your withholding status with the firm for whom you work.
The Federal Regulations very specifically and repeatedly mention that the withholding arrangement is the result of a mutual agreement. There is no lawful requirement that specifies that the worker MUST execute a W-4. And if that is true, and it is, then the IRS has no lawful authority or right to issue lock down letters or to otherwise interfere in the private contractual relationship between a worker and the company for whom they work.
Bing
I think the WTP Forms are great, but the reality is that they are very legalistic, confrontational in tone and style, and they intimidate the heck out of the poor ole' payroll department employees who have the power to put through the payroll change authorization request. Now, the WTP Forms may work with Fortune 500 firms, but for smaller firms, with far less resources, the WTP Forms are, in my opinion, far too mired down in legalistic details. The result is that these types of overly complicated forms are far more likely to be met with resistance by front line personnel in the respective payroll departments empowered with the ability to stop all income tax withholdings.
Not only that, when I shared the WTP Forms with a client, he read them over while I sipped my hot chocolate and then he told me, “no way am I sending this into payroll. I will probably get fired because they will think I am a troublemaker and will sue them.”
We laughed and then we decided to go with the five sentence “Exemption Certificate in Lieu of W-4” that I cobbled together from various sources a couple of years ago and which we filed last year. I attached a couple of pages of Regs from 26 CFR and highlighted certain words. Works like a charm every time. BTW, my client, a non-taxpayer, works for a firm that has more than 100,000 employees. 😀
One must keep their eyes on the prize. And the prize is to keep 100% of your earnings and stop the flow of cash to the very corrupt and very corrupted IRS. The goal is not to appear impressive and to intimidate the payroll officials at your company.
Bing
This is beyond troubling, especially for all of those Schiff customers, of which I am not.
I attended the WTP Conference in Virginia. Schiff was introduced as “The Dean of the Tax Honesty Movement”, or something to that effect.
When Schiff began to speak, I left the auditorium because I was not interested in hearing what he had to say. I knew he was an advocate of the “zero tax return” or something like that, and I saw no point wasting my time listening to his self-serving remarks. Filing a tax return is NOT THE WAY to freedom, and I don't care how many clients Schiff had.
So, when Schiff began to speak, I went outside and had a 15-20 minute conversation with Schiff's sidekick, Cindy.
I asked her specific questions about Schiff's pending case and she openly shared with me a number of intersting tid-bits. At no time did she assert that Irwin was planning on an insanity defense. Quite the contrary, she told me certain things that led me to think that Irwin was preparing a vigorous defense.
Now, either Cindy knew that Schiff was going to plead insanity, and she simply misinformed me on purpose. Or she didn't know what Irwin was really going to do and was largely kept in the dark.
I find it hard to believe that while Irwin was at the WTP Conference, he had not yet decided to plead insanity. My view is that Irwin got up on the dais at the WTP Conference knowing full well that he was going to plead insanity a couple of weeks later.
And if that hypothetical speculation is true, and I don't know if it is, then one is left wondering whether a certain corrupt organization coopted a certain someone and cut a deal with him in advance of the WTP Conference.
I mean think about it. Now the WTP Organization stands to lose credibilty by having featured a speaker who ended up pleading insanity.
🙁
Bing
