I sort of doubt that this "affidavit" would stop anyone working for the IRS
but, it is not the IRS that issues passports. Personally, I don't think I
would start calling attention to myself by attaching this document to a
passport application. There is nothing in the IRS regulations about denying
a passport to someone who doesn't supply a TIN, it just says they could
impose a $500 fine, which I have never heard anyone claim happened to them.
I got mine with no SSN, just put all zeros in the SSN space. Got it in the
regular amount of time. I will note here that although my wife and I
applied together (she put her SSN on the form) our passports are in a
different typeface. I have no idea whether this means anything as I have
not had a chance to compare many passports.
An affidavit is supposed to be just facts, this one is filled with
conclusions of law and demands made without any supporting reference to
law(s) that would require those demands be met.
Your friend says 6039(a)(2) doesn't apply to him, which it doesn't, but why
does he ignore 6039(a)(1), which obviously does apply to him? Paragraphs
(a)(1) and (2) are not anded together, they are connected by an "OR".
Paragraphs (b)(2), (3) obviously do not apply so why mention them? While
(b)(4) may or may not have any application, your friend makes a legal
conclusion about (b)(1) that is unsupported by any reference to law. If I
am not mistaken, businesses get an EIN, not a TIN. Also, I believe -
admittedly without looking it up - that non-resident aliens are the only
ones required to get a TIN.
Your friend attaches a copy of his SS card - admitting he has a number - and
refers to where it says NOT FOR IDENTIFICATION, mine also says this, and
this is the way it should be, but to believe this is still valid he would
have to ignore the statutes that require one.
Lastly, does everyone have a RIGHT to a passport? Does not having one deny
you the right to travel? Can you be stopped from leaving the country
without one? I think you can still get into Canada and Mexico without one.
The trouble comes when you try to enter some other countries and it is they
who deny you entry.
----- Original Message -----
From: Pro Se
Sent: Wednesday, January 10, 2007 9:43 AM
Subject: RE: [tips_and_tricks] Re: Acquiring Passport without SSN
this is what my friend used & he got his in 9 days w/ out ss#
Affidavit of information
Your City, State and [Zip]
To Whom It May Concern:
Subject: Compliance with Title 26 U.S.C 6039E (Federal Tax Law)
Dear Sir or Madam:
Enclosed please find a Hi-Lighted copy (see attached "Exhibit A") of the
Federal Tax Law, Title 26 U.S.C. 6039E as noted (see attached) on my
application under item #6 (social security number).
I have read and enclosed section 6039E and feel the requirement of my social
security number to be in violation of section 6039E and my constitutional
rights because of the following reasons:
Under 6039E (a) (2) appli! es to be lawfully accorded the privilege of
residing permanently in the United States as an immigrant in accordance with
the immigration laws.