BOBT,

Does the IRS levy penalties in association with the income “tax”? Of course they do. The penalty itself is not a “tax,” but it is treated AS IF it were part of a tax liability.

And the so called “tax” you pay as a result of a “voluntary withholding agreement” is really not a tax at all. It falls under what the IRS has deemed “Tax Class 5.” These are voluntary gifts and donations to the United States Treasury pursuant to 31 U.S.C. 321(d) — yet, they are treated AS IF they were a tax.

During the open floor debates between the SCOTUS and the Solicitor General, the Justices talked about the difference between a legitimate tax, and something that is treated AS IF it were a tax. They specifically said that if it was a legitimate tax, there would have been no reason to treat it AS IF it were a tax. Therefore, they all concluded that a penalty, when treated AS IF it were a tax, although not really a tax, is afforded the same treatment through the wording of the legislation. It's just legal prest-O change-O, and they DO THIS ALL OF THE TIME.

Moral? No. Legal? Yes. But we aren't dealing with a moral entity . . . we are dealing with the Beast and those who worship it. If you want to beat them, you need to learn to play their game. No amount of foot stomping or weeping and wailing claiming “unconstitutional” will EVER make it so in a formal legal proceeding.

We must learn to use the tools the SCOTUS has given us. If the Beast can get you asking the wrong questions, they don't have to worry about the answer. Play along with them and watch how fast they get silent. Then, use that silence against them. Failure to deny constitutes an admission.

“So . . . is my domicile my choice?” “So . . . is a W-4 voluntary?” ………….crickets…………crickets…….

Here's my two cents . . .

I have this brought to me many times by naysayers. This one is easy to swat out of the park. Again, context is everything. Are we dealing with the term “United States” in a political sense (relating to the nation) or a geographical sense (relating to the geography within the nation where one may be domiciled)?

My answer is: “Of course the government is not foreign to the states, because our Federal government exercises political jurisdiction over the entire nation which obviously embraces its political subdivisions. However, our Federal government is a foreign corporation with respect to a state — this due to the fact that it is seated (domiciled) in a civilly foreign civil jurisdiction (geography) to that of where I am resident and domiciled.”

I then point out that they are the ones that are confused and that they really need to learn the difference between political jurisdiction and civil jurisdiction, and to which each applies — a state and the geography within each state respectively.

Another thing I have said: “The states are not foreign, because they are political subdivisions of our national body politic. However, the civil jurisdictions of the states are civilly foreign to one another. This is the whole point behind American federalism — the diffusion of legislative sovereignty. Don't confuse the political body of the state (political jurisdiction) as a whole with it's component geography (civil jurisdiction) within. They are not the same.”

Of the 100 or so times I've presented this . . . all I hear in rebuttal is the peaceful sound of crickets.

26 U.S.C. 6039E has no implementing regulation published in the Federal Register, thus the mandate to provide a SSN does not apply to the private American.

Whether or not you are a “public officer,” I do not know. But, if you are applying for the passport in affiliation with your public office, then by all means, give them the number. Oh . . . and make sure you are getting an OBO passport with a maroon cover vs. a blue passport for the private American national. But if you are getting the passport in a private capacity, I don't see how providing a public-sector number is going to help you.

Only you can answer that question. But if you don't provide it, you better make sure you are not promoting yourself AS IF you have not been issued one. That would be a lie and that is something that nobody here supports. Be honest about who you are and what your status is. Nobody will fault you for being honest.

This all sounds pretty accurate . . . until he throws the 14th Amendment misinformation in there.

The real issue, is that people believe they are affirming their nationality when they claim to be a “U.S. Citizen” in what really constitutes a statutory context. They don't realize they are affirming or declaring themselves to have a domicile (civil citizenship) in a geographical entity collectively defined as the “United States” comprising D.C., Federal Territory and possessions. As a result of this declared domicile on the federal plantation, bad things happen. “Sovereigns” then falsely accuse the mechanism in the Constitution whereby their nationality is commuted — the Fourteenth Amendment. This is because the term “U.S. citizen” in the Constitution looks identical to the statutory term “U.S. citizen” referred to by the IRS or the SSA. The contexts are different, thus the meanings are different. The Fourteenth Amendment is the wrong thing to be blaming, thus a bogus and misguided strawman argument becomes the focus of the Feds, and which has been repeatedly struck down by the courts.

So . . . with regard to the denigration of the so-called “Sovereign Citizen Movement,” the so-called “patriots” shoot spitballs at the Fourteenth Amendment unjustifiably and the Feds view them as an unsophisticated and uneducated bunch — which is actually true. Because the Feds know them (the so-called “sovereign citizens”) to be Fourteenth Amendment citizens, but are unaware (maybe) of the wordcraft used to get State Citizens of the Constitution to declare a federal domicile (Are you a “U.S. Citizen”?), they too are unsophisticated and uneducated in this little legal trick from which an entire nation has relegated itself voluntarily to finanical serfdom to the de facto corporate state.

The result: You have two parties who don't know the real truth of the matter, and who are both diamatrically opposed to one another insofar as their ultimate goal — freedom for the people and authority for the government. It is a powder keg waiting to explode!! As the people feel more and more cornered, violence will become more and more likely. The law (the Feds) will then become more and more heavy-handed, and less and less willing to hear, much less learn what the real substantive issue is: Citizenship in terms of nationality commutes political status, whereas citizenship in terms of domicile and/or residence in particular civil jurisdiction commutes civil status. Political status and civil status are mutually exclusive issues, and neither side really understands this.

Check out what the Selective Service says about “Aliens and Dual Nationals”:

http://www.sss.gov/FSaliens.htm

My favorite parts of this page are provided below with emphasis for everyone's awareness.

Notice the asterisk above. Of course, the asterisked clarification is nowhere to be found on the page. Maybe you have to go to the Libary of Congress for that one.

And yes . . . that is correct. SOME aliens would be exempt . . . while others are simply NOT SUBJECT!!! Of course, those who are NOT SUBJECT are obliged to know that, lest they be deemed “… dumb, stupid animals to be used as pawns for foreign policy,” as quoted by our dear public servand Henry Kissinger.

Notice also how SOME of the exemptions are shown below. American nationals who are state citizens are not subject to the federal government's and federal reserve's adventures around the world unless they contract with them by 1. declaring a federal domicile (statutory U.S. Citizen) in connection with, 2. the federal ID number (federal property), and of course 3. the franchise agreement to be cannon fodder for such adventures in the interest of protecting dollar hegemony — Selective Service Registration.

The language on the SSS website is quite transparent for those who understand who they are and what the SSS actually is.

Requiem,

Here's my spin on this . . . which is 100% consistent with Admin's.

The first mistake was getting the SSN. Depending on how old you were when you got it, the following two examples dictate the method they used to commute a federal domicile to you.

1. If you are middle-aged, you probably completed Form SS-5 with the help of your parents. In the 80's, the SS-5 didn't ask whether or not you were a “U.S. Citizen.” The “tax system” just waited for you to utilize the number in association with an interest bearing activity or other activity whereby an information return was created. This probably happened when you completed a W-9 (bank signature card) at the bank, or a voluntary withholding agreement at a job (W-4). You subsequently received a 1099 and a W-2, and then you declared your federal domicile by filing a Form 1040 versus a 1040NR. The fact that you filed a 1040 with a residence in one of the 50 states, and the fact that the SS-5 indicated you were an American national by virtue of a U.S.A. birth, led the SSA to establish a CSP Code of “A” for you in the SSA database, and the IRS to establish you as a “U.S. person” in the IRS database by virtue of your 1040 filing. With those acts, you become LEGALLY someone who is presumed to ALWAYS be required to tender a SSN for banking, loans, job, etc. — a “U.S. person.”

2. Now, if you are a little bit younger (a child of the 90's or so), you received your SSN during the birth registration process. At this time, the nurse at the hospital, or perhaps the State's SSA office conveniently declared a federal domicile for you by wrongly presuming you to be a “U.S. Citizen” for the purposes of the Social Security Act by virtue of your American birth. This happens because 99.99% of the people more readily relate to the phrase “United States citizen” as it is used in the Constitution — a political document published by the People. However, the term “United States citizen” when used in an Act of Congress does not mean the same thing as nationality commuted by the “citizenship clause” of the Fourteenth Amendment. When Congress uses the term “U.S. Citizen,” they are using the term “United States” in a geographical sense (a legislative jurisdiction) and not a political sense (nation or political jurisdiction). They are also using the term “citizen” in its civil sense (domiciliary) and not its political sense (national). See Baldwin v. Franks 120 U.S. 678 (1887) amd U.S. v. Wong Kim Ark 169 U.S. 649 (1898). If you are a citizen of a foreign state (such as Florida or Idaho for example), you are a “Legal Alien Allowed To Work” precisely as a foreign national who was issued a work visa number. It's just that Congress has legislative jurisdiction over those “Legal Aliens” who are also political aliens, whereas you, an American national, can maintain your alien status apart from the legislative jurisdiction of Congress as a state citizen domiciled in one of the 50 states. This capability of remaining legislatively foreign from an Act of Congress was intentionally provided to all Americans by design — the essence of American Federalism and the Constitution. But when your parents filed a Form 1040, and declared you as a dependent, you also went into the IRS database as a “U.S. person.” Then, you probably subsequently filed your own Form 1040, and tightened the noose around your neck even more.

But take heart . . . the government does provide a remedy, which technically makes it all constitutional.

20 CFR 422.110(a) tells SSN number holders that if they wish to change any of their personal identifying information on file with the SSA, they can do so by simply submitting an updated Form SS-5. One might submit a new SS-5 and indicate they are a “Legal Alien Allowed To Work” — correcting the previously submitted status of “U.S. Citizen.” This is important because the SSA submits your CSP Code (citizenship code) together with your SSN to the IRS annually for the purposes of tax return processing and enforcement. Federal domiciliaries are “U.S. Citizens.” State Citizens as mentioned in the Constitution are “Legal Aliens Allowed To Work.”

26 CFR 301.6109-1(g)(1)(i) tells taxpayers that they can change the status of their SSN in the IRS database by submitting the appropriate forms as the IRS may specify. This would be any variety of the applicable forms W-8, or perhaps a voluntary withholding agreement submitted as a “nonresident alien” pursuant to 26 U.S.C. 3402(p)(3). This is important, because if you want the IRS to correct your status, it must be done as a “taxpayer,” as the IRS does not deal with non-taxpayers. This is where many fall into trouble. They never correct their status with the IRS as a “taxpayer.” They just go from being a “U.S. person” “taxpayer” to becoming a declared “nonresident alien” non-“taxpayer.” The heartless, emotionless IRS computer does not recognize this because the regulatory protocol was never followed. Thus, the non-“taxpayer” is fighting the beast in perpetuity because the tax status was never rectified — it was just verbally declared by the “patriot.” And in our system of laws, a verbal declaration will be deemed frivolous against evidence submitted under the Federal Rules of Evidence. This would be all the other documents with your signature on them that indicate you to be a “U.S. person” “taxpayer.” In essence . . . your walk would not match your talk. And if you don't correct your status first with the SSA, when you try to file a form 1040NR to correct your status with the IRS, the computer will again deem the submission frivolous, becuase the SSA will have sent the IRS your SSN together with a CSP Code of “A”, indicating you to be a “U.S. Citizen.” Thus, the CSP Code would first have to be changed to “B”, and then a Form 1040NR filed to correct the status with the IRS.

However, once these two steps have been accomplished, you would then LEGALLY be someone who was allowed to characterize themselves as a “nonresident alien” non-“taxpayer” (in the eyes of the IRS). The damage has to be undone. Few, if any, are ever willing to do this.

This of course, is all my opinion. You can read the aforementioned regs and see if they apply to you in this way. Or you can simply nullify the SSN trustee arrangement detailed in some of the SEDM materials. However, I have found that many people are not ready to just cut the chord with their SSN (like you), but instead are looking for a legal way to first change their status, and then leave the tax system later on. In my opinion, the government provides EVERY BODY that capability.