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Re: [tips_and_tricks] Taxpayer is not a "citizen" of the United States??

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  • hobot
    As concerns IRS type tax liability the only thing that matters is where the activity occurred, within or without the United States, a foreign tax jurisdiction,
    Message 1 of 1 , Feb 17, 2010
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      As concerns IRS type tax liability the only thing that matters is where
      the activity occurred,
      within or without the United States, a foreign tax jurisdiction, to
      United States of America.
      Claiming State Republic Citizenship does not prevent having income nexus
      within United States.
      Lincoln's War was won by the Federal United States, which wrote the 14th
      amendment,
      which removed any official inter-reaction or recognition of native
      born American union
      State Citizens or habitants. Natives w/o allegiance to US were termed
      "Rebellious Criminals"

      IRS has international jurisdiction via tax treaties. If one's home tax
      base is in a country
      no treaty exists,[uSofA] then there is no jurisdiction to even report
      no matter the amounts.
      The short and sweet statements in W8BEN Certificate of Foreign Status
      covers all that's needed to be exempt from IRS business entity.
      Here's one.:
      3 The income to which this form relates is
      (a) not effectively connected with the conduct of a trade or business in
      the United States,

      Here is one of hundreds of versions of W8BEN that is the easiest to make
      sense of, if
      read carefully till its implications soak in. This is used in place of
      W9 bank signature card
      to open accounts w/o tax ID to connect anywhere.
      http://www.irs.ustreas.gov/pub/irs-pdf/fw8ben.pdf

      hobot


      vze4bqdp@... wrote:
      > At 10-0217 16:14, you wrote:
      >> "The Law: The Fourteenth Amendment to the United States Constitution
      >> defines the basis for United States citizenship, stating that "[a]ll
      >> persons born or naturalized in the United States, and subject to the
      >> jurisdiction thereof, are citizens of the United States and of the
      >> State wherein they reside." The Fourteenth Amendment therefore
      >> establishes simultaneous state and federal citizenship. Claims that
      >> individuals are not citizens of the United States but are solely
      >> citizens of a sovereign state and not subject to federal taxation
      >> have been uniformly rejected by the courts. The IRS issued Revenue
      >> Ruling 2007-22, 2007-14 I.R.B. 866, warning taxpayers of the
      >> consequences of making this frivolous argument.
      >
      > I don't offer this thought as encouragement for claiming that
      > non-citizens cannot be assessed an income tax, quite the opposite, but
      > I do believe you have made an important mistake otherwise.
      >
      > The 14th Amendment does read as you say. Gaining citizenship in the
      > state of residence on the basis of having been born in the United
      > States, however, is quite different from gaining American citizenship
      > on the basis of having been born in one of the (sovereign) states. A
      > state of residence is not, necessarily, the state of birth.
      >
      > The wording of the 14th Amendment, itself, does seem to defeat any
      > opportunity for addressing citizenship of those born in one of the
      > states of the Union. To that extent I have come to accept the 14th
      > Amendment as particularly narrow in scope and entirely irrelevant
      > among states which now acknowledge citizenship as a function of live
      > births within their respective borders. In my mind, citizenship has
      > returned to being a common law question. The alternative would seem to
      > admit to any number of unreconcilable issues and unanswerable questions.
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