19021Re: Al Adask Blog on "this state"
- Nov 6, 2012It appears this analysis assumes and implies more than the facts actually show. A SS card merely is a piece of paper belonging to the Social Security Administration and is given to any person who has filled out and submitted a SOCIAL SECURITY ADMINISTRATION Form SS-5 (10-2003) OMB No. 0960-0066. There is no stated purpose on the application for this Card and there is no reason to believe that this card or the information provided on the application legally constitutes a stipulation of fact to be treated as a federal employee for purposes of fedeal tax. The form is full of misleading terms and words, and the applicant signs under the penalty of perjury that the information is "true and correct to the best of my knowledge". It should not be accepted that the law regarding this form and the SS Card creates a one-way trap for the unwary from which one can never escape. In most cases the person or company one is working for has stipulated to the IRS to be treated as an "employer" under the IRC for the purposes of administering internal revenue code sections. These agreements work against the best interests of the working person (who should have no such agreement with the IRS). The force of the law (based on the company's agreement with the the IRS) should not bear upon the worker, as long as s/he has made the necessary averments of truth, facts and law to the IRS and to the company or person s/he is working for. No person working for another necessarily should be bound and by some agreement that other person has with a third party if the worker has another contract in place with the person s/he is working for which specifically does not accept the stipulations made with the IRS by the hiring entity. It would be a constitutional violation and create a cause of action to deprive a person of his/her property including his/her income unless s/he has agreed to waive those rights. If the IRS were bound strictly by its own statutes it would be virtually nonexistent and have little influence on anyone except those persons specifically identified by statute. Because of agreements and the consequences of contracts the IRS can and does apply the force of "law" and the federal courts disregard whatever the IRC actually states in every case. A person may be deemed an "employer" or an "employee" even if the person is not so defined in the IRC, because there is an agreement in place to be treated as such. Merely possessing a Social Security Card does not in and of itself create a benefit to the person. But if the person has attempted to use the card to obtain a benefit then s/he may be treated as if s/he is a Federal personnel (employee or instrumentality). See 5 USC § 552a(a)(13)("the term "Federal personnel" means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits)."). Since this is not the truth one should not be bound to accept a lie as if it were the truth in order to gain a benefit. It would be unreasonable to assume that "entitle[ment] to receive immediate or deferred retirement benefits" attaches immediately upon receipt of a SS card.
> What Is An Instrumentality?
> By - Bernie Besherse
> 5 November 2012
> This is a PARTIAL critique of information about ?in this state? that were made public by Al Adask, and Barry was noticing there are several posts/categories on the topic here: http://adask.wordpress.com/
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