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17737Re: [tips_and_tricks] Re: I had to deliver Peter Hendrickson at noon today to Milan FCI.

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    Jul 19, 2010
      In regard to the question, "Okay folks, please tell my why section (d) is there????" after looking at the question and CFR section again, I believe I see the problem.  The writer, windandthestone, highlighted the sentence beginning "In general, all citizens..." which is not really the second sentence of the paragraph but the first.  The second sentence begins "Persuant to section..."  I assume that the provision about nonresident aliens came into effect on April 9, 2008.

      On Sat, Jul 17, 2010 at 12:53 AM, windandthestone <mmgemmel@...> wrote:

      --- In tips_and_tricks@yahoogroups.com, Daniel Nieves <dannyruel@...> wrote:
      > I thought Id share this with the group on Residence

      > MILLER BROS. CO. v. MARYLAND, 347 U.S. 340 (1954)
      > Thus, the Court has frequently held that domicile or residence, more substantial than mere presence in transit or sojourn, is an adequate basis for >

      Re Pete:  I have read some of his books and postings, but did he ever tell anyone that giving your employer a W-4 was VOLUNTARY!!  If you don't give one,  aren't you saying in effect, "I am not volunteering to be a "federal person" this year."    (See 26 CFR 31.3402(p))

      No W-4 means no SS# means no income reported, means no taxes -- but also means no Social Security maybe's and no federal workers compensation. 

      I have spent years reading both Title 26 Code (USC) and Federal Regulations (CFR).  What a difference between the two!!  There is no taxing regulations which support the income tax on "everyman's wages."  The CFR begins with stating that Section 1 imposes a tax on everyone, but never says "there is imposed upon ..."  - yet the more I read it, the crazier it gets! 

      Like this -->

      "26 CFR 1-1.1
      (a) General rule. (1) Section 1 of the Code imposes an income tax on the income of every individual who is a citizen or resident of the United States and .... [They talk about imposing a tax, but never do it!]

       (b) Citizens or residents of the United States liable to tax. In general, all citizens of the United States, wherever resident, and all resident alien individuals are liable to the income taxes imposed by the Code whether the income is received from sources within or without the United States. Pursuant to section 876, a nonresident alien individual who is a bona fide resident of a section 931 possession (as defined in §1.931–1(c)(1) of this chapter) or Puerto Rico during the entire taxable year is, except as provided in section 931 or 933 with respect to income from sources within such possessions, subject to taxation in the same manner as a resident alien individual. As to tax on nonresident alien individuals, see sections 871 and 877.

      (c) Who is a citizen. Every person born or naturalized in the United States and subject to its jurisdiction is a citizen. [Note: there are no commas in that sentence.]  For other rules governing the acquisition of citizenship, see chapters 1 and 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1401–1459). For rules governing loss of citizenship, see sections 349 to 357, inclusive, of such Act (8 U.S.C. 1481–1489), Schneider v. Rusk, (1964) 377 U.S. 163, and Rev. Rul. 70–506, C.B. 1970–2, 1. For rules pertaining to persons who are nationals but not citizens at birth, e.g., a person born in American Samoa, see section 308 of such Act (8 U.S.C. 1408). For special rules applicable to certain expatriates who have lost citizenship with a principal purpose of avoiding certain taxes, see section 877. A foreigner who has filed his declaration of intention of becoming a citizen but who has not yet been admitted to citizenship by a final order of a naturalization court is an alien.

      (d) Effective/applicability date. The second sentence of paragraph (b) of this section applies to taxable years ending after April 9, 2008."

      Okay folks, please tell my why section (d) is there????

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