[patriot7214]

Got a question, did you do this?  I ask because I got a letter today from SS and they will not update the number id as requested.  they claim the usual cannot quit  SS and will not update records to reflect  a change in citizenship etc etc. 

 

Obviously these people are bozos and do not know what they read let alone understand anything they receive.  they also claimed our birth certificates “establish you were born in the US and you are a US citizen. ” how thats for government service?  I was going to march up there and make them do it after explaining their law to them and who it applies to.  they obviously have never heard of form 521 or form 56. but I like your way better if it works.  linda

[patriot7214]

Oh, I am so very happy! thank you!  And this does eliminate the confusion! patriot

[patriot7214]

Expatriation is unnecessary to regain sovereignty. It will also make you a stateless person with no right to travel ANYWHERE and no way to get a passport if you do not have citizenship in any other country before one does it. This is covered in:

Great IRS Hoax, Section 4.11.13
http://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm

The problem is not CONSTITUTIONAL citizenship, but STATUTORY citizenship and its corresponding presumed domicile on federal territory not protected by the Constitution. See:

Why You are a “national”, “state national”, and Constitutional but not Statutory Citizen
http://famguardian.org/Publications/WhyANational/WhyANational.pdf

Because you are a newbie, you are likely to be confused about citizenship based on your question. To clear up such confusion as quick as possible, see:

Why the Fourteenth Amendment is NOT a Threat to Your Freedom, Form #08.015

DIRECT LINK: http://sedm.org/Forms/08-PolicyDocs/FourteenthAmendNotProb.pdf

FORMS PAGE: http://sedm.org/Forms/FormIndex.htm

 

The distinctions between CONSTITUTIONAL and STATUTORY citizenship are also summarized at:

 

Citizenship Status v. Tax Status
http://famguardian.org/Subjects/Taxes/Citizenship/CitizenshipVTaxStatus.htm 

 

You’re wasting your time.

I am just trying to follow precedure.  the section below states to file such form, is this procedure CORRECT?  SEE NOTE 8.  I FOUND THE SAME INFO IN THE SOVEREIGNTY FORMS AND INSTRUCTIONS BOOK.  I have divorced both the state and the federal government so perhaps this step is not necessary and the info should be updated.  I will keep what I sent in as part of my legal evidence.  thanks for the input.

 

 

Table 8-1:  A Process to Correct your citizenship status
# Title Reference(s) Description Note(s)-see below Date accomplished √ 1 Do a rescission on all IRS Form 1040 signatures None Invalidate all signatures on all previous 1040 forms, because they represent an election to be treated as a U.S.** citizen AND a resident of the U.S.**. 1   2 Revoke Your Election to be Treated as  U.S.** citizen and resident

IRS Publication 54 for general information.
26 CFR § 1.871-10 (for method of revocation of election)
26 U.S.C. §7701(b )(4)(F) for authority
26 U.S.C. §6013(g)  for background Revocation of Election process is covered in section 5.3.4 of our Great IRS Hoax book.  See also IRS Publication 54, page 6 (year 2000 version).    See Section 10.6.5 for a sample form to do this. 2   3 Rescind your application for Social Security by sending a revised SS-5 form and an Affidavit of Rescission to the Social Security Administration 26 CFR 301.6109-1(b ) Use the “Affidavit of Rescission” found in section 10.6.4. 7   4 Change your voter registration See the election laws and statutes within your state. Some states require you to declare under penalty of perjury that you are a “U.S. citizen” and don’t bother to clarify which of the three “Unites States” they are referring to.  Clarify your status as a U.S.* and U.S.*** but not a U.S.** citizen.  Clarify that you do not live in the “State of ______” but instead live in _________(statename).  Make your citizenship conditioned on the nonpayment of state and federal income taxes. 3   5 Update your government security clearance application (if you have one) None Clarify your status as a “non-citizen national” but not a statutory “U.S.** citizen”.  Clarify that you are not domiciled in and are not a citizen of  “The State of ______” but instead are a national but not citizen of _________(statename). 4   6 Notice the Secretary of State of the U.S.  via Certified mail with a Proof of Service of Your Change in Citizenship Status.    See the following website for a mailing address: http://www.state.gov/ 8 U.S.C. §1481(a)(6) Law says:“(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; “ 5   7 Notice the Attorney General via Certified mail with a Proof of Service of Your Change in Citizenship Status.    See the following website for a mailing address: http://www.usdoj.gov/ 8 U.S.C. §1481(a)(6) Law says:

“(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; “ 5   8 Publish a notice in the paper of your new citizenship status and obtain an “Affidavit of Notice” from your newspaper. See your state’s legal notice requirement in the statutes. Use the same language as item 5 above. 6   9

File an IRS Form W-8  with the IRS via Certified mail with a Proof of Service and ask them to update their records to reflect “nonresident alien” status for the purposes of income taxes
IRS Pub. 519-U.S. Tax Guide for Aliens This clarifies your status with the IRS as a “nonresident alien” for the purposes of the income tax and ensures that their records reflect your proper status.  See section 5.3 of the Great IRS Hoax entitled “Know Your Proper Filing Status” for more details. 8   10 File an IRS Form W-8 with your employer and ask them to update their records to reflect “nonresident alien” status for the purposes of income taxes. IRS Pub. 519-U.S. Tax Guide for Aliens This clarifies your status with your employer as a “nonresident alien” for the purposes of the income tax and ensures that their records reflect your proper status.     11 Update/reapply for your U.S. passport Dept. of State form DS-011: Application for Passport

Turn in your old passport to the Secretary of State and apply for a new one with the DS-011 form.  On the form, do the following:

Blocks 14, 15, 16:  Check no for “U.S. citizen” and replace with “U.S. National under 8 U.S.C. 1408”

Block 4, Place of birth:  Put your city and state (e.g. California)

COUNTRY: Put your state name (e.g. California).

Do not provide an SSN and use the form for a NEW passport, not a renewal.

9  

 
NOTES:

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 6^th 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 CFR 1.871-10(a) states:

2.3.   To revoke your election, follow the procedures shown in 26 CFR 1.871-10.  Below is what you need to do:
The election may be made whether or not the taxpayer is engaged in trade or business in the United States during the taxable year for which the election is made or whether or not the taxpayer has income from real property which for the taxable year is effectively connected with the conduct of a trade or business in the United States, but it may be made only with respect to that income from sources within the United States which, without regard to this section, is not effectively connected for the taxable year with the conduct of a trade or business in the United States by the taxpayer.

If for the taxable year the taxpayer has no income from real property located in the United States, or from any interest in such property, which is subject to the tax imposed by section 871(a) or 881(a), the election may not be made.

But if an election has been properly made under this section for a taxable year, the election remains in effect, unless properly revoked, for subsequent taxable years even though during any such subsequent taxable year there is no income from the real property, or interest therein, in respect of which the election applies.

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 CFR 1.871-10(d)

2.3.2.   Revocation of election requires the consent of the Commissioner of Internal Revenue:

“(iii) Written request required. A request to revoke an election made under this section when such revocation requires the consent of the Commissioner, or to make a new election when such election requires the consent of the Commissioner, shall be made in writing and shall be addressed to the Director of International Operations, Internal Revenue Service, Washington, DC 20225. The request shall include the name and address of the taxpayer and shall be signed by the taxpayer or his duly authorized representative. It must specify the taxable year for which the revocation or new election is to be effective and shall be filed within 75 days after the close of the first taxable year for which it is desired to make the change. The request must specify the grounds which are considered to justify the revocation or new election. The Director of International Operations may require such other information as may be necessary in order to determine whether the proposed change will be permitted. A copy of the consent by the Director of International Operations shall be attached to the taxpayer’s return required under section 6012 and the regulations thereunder for the taxable year for which the revocation or new election is effective. A copy of such consent may not be filed with any return under section 6851 and the regulations thereunder.” 26 CFR 1.871-10(d)(2)(iii)

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 5^th 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”.
“I, __________(your name) do declare under penalty of perjury under the laws of my state from “without” the federal United States that I do not reside or have a domicile on federal property or territory and that I am a not federal “U.S. citizen” or “citizen of the [federal] United States” under “acts of Congress” as identified in 8 U.S.C. §1401.  I hereby abandon any privileges and immunities granted therein by virtue of my failure to intend or consent to having such citizenship status.  I retain my natural born status as a “national of the United States of America” or a “non-citizen U.S. national” as described in 8 U.S.C. §1101(a)(22)(B ).  I preserve and reserve all my unalienable Rights that are inherent from my Creator, at all times.  I waive no rights at any time, including by operation of any implied contract asserted by the government.  UCC 1-207“

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.
“I, John [and/or Jane Doe] in the name of the Almighty Creator, By [my/our] Declaration of Independence solemnly Publish and Declare [my/our] intention and my right to abandon “citizen of the [federal] United States” status  under 8 U.S.C. §1401 and under all federal statutes and to return to my natural born status as a “non-citizen national” or a “national of the United States” under 8 U.S.C. §1101(a)(22)(B ).  I hereby relinquish [my/our] res in trust to the foreign jurisdiction known as the municipal corporation of the District of Columbia, a democracy, and return to the Republic. Any and all past and present political ties implied by operation of law or otherwise in trust with the democracy as a consequence of any citizenship ties the government might allege, is hereby dissolved. I, John [and/or Jane Doe] have full power to contract, establish commerce as guaranteed by the full 10 Amendments to the Bill of Rights to the Constitution of the nited States of America, a Republic.
“You have 20 days to respond to this legal notice, and failure to respond shall cause a legal Notice of Default to be Served upon you attesting to my new legal and/or citizenship status.”

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.
DECLARATION OF INDEPENDENCE

“I, John [and/or Jane Doe] in the name of the Almighty Creator, By [my/our] Declaration of Independence solemnly Publish and Declare [my/our] intention and my right to abandon “citizen of the [federal] United States” status  under 8 U.S.C. §1401 and under all federal statutes and to return to my natural born status as a “non-citizen national” or a “national of the United States” under 8 U.S.C.  §1101(a)(22)(B ).  I hereby relinquish [my/our] res in trust to the foreign jurisdiction known as the municipal corporation of the District of Columbia, a democracy, and return to the Republic. Any and all past and present political ties implied by operation of law or otherwise in trust with the democracy as a consequence of any citizenship ties the government might allege, is hereby dissolved. I, John [and/or Jane Doe] have full power to contract, establish commerce as guaranteed by the full 10 Amendments to the Bill of Rights to the Constitution of the nited States of America, a Republic.  http://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm”
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

7.1.4.   Other

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 CFR § 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:

(b ) Requirement to furnish one’s own number–(1) U.S. persons. Every U.S. person who makes under this title a return, statement, or other document must furnish its own taxpayer identifying number as required by the forms and the accompanying instructions.

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 CFR § 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:

(g) Special rules for taxpayer identifying numbers issued to foreign persons–
(1) General rule–
(i) Social security number. A social security number is generally identified in the records and database of the Internal Revenue Service as a number belonging to a U.S. citizen or resident alien individual. A person may establish a different status for the number by providing proof of foreign status with the Internal Revenue Service under such procedures as the Internal Revenue Service shall prescribe, including the use of a form as the Internal Revenue Service may specify. Upon accepting an individual as a nonresident alien individual, the Internal Revenue Service will assign this status to the individual’s social security number.

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. IRS Form 8854: Expatriation Information Statement

8.1.  Submitting this form is required to expatriate your “citizen of the United States” status under the Fourteenth Amendment.  However, there is no requirement that you must fill out anything on the form other than your name and identifying number.

8.2.  WARNING:  Do not fill out the IRS Form 8854 or submit to the IRS! You aren’t expatriating your “citizen of the United States” status under the Fourteenth Amendment, but are only correcting government records about you.  According to the instructions for this form, failure to fill out the form can cause a penalty of $1,000 for every year of the 10 years following the expatriation, plus 5% of the tax required to be paid.

8.3. The instructions for this form DO NOT include a Privacy Act statement, and therefore completion of the form is voluntary and not mandatory as per Public Law 96-511.

8.4.  According to the form, you should file with the nearest American Citizens Service Unit, Consular Section, of the nearest American Embassy.