Taxpayer is not a citizen of the United States??
- --- In firstname.lastname@example.org, "Barry" <bear@...> wrote:
>Ask the wrong question, and you will get the wrong
> I recently rejected a post to this group asserting
> that to avoid income tax all that was needed was a
> claim that you were not a US Citizen.
answer every time.
Assert the wrong issue, and you will fight the wrong
Keep the burden of proof on the one asserting it!
"I am more than willing to pay all taxes that I am
legally obligated to pay. Please send me the law
that requires me to pay taxes."
Of course, if one has already volunteered by signing
up to pay taxes, this would not apply, nor would
most any other argument.
> "The Law: The Fourteenth Amendment to the United StatesThe courts agree it created a new status that didn't exist
> Constitution defines the basis for United States citizenship,
> statingSmall "p", two groups, many possible situations, but none yet can be
> that "[a]ll persons born or naturalized in the United States,
described as universal...
> and subject to the jurisdiction thereof,...and that's why, because this is another qualifier that surely never
included every American using that particular definition of "United
> are citizens of the United StatesSmall "c", corporate name, "reside" being a corporate activity as
> and of the State wherein they reside."
defined in my state's (small "s") codes.
> The Fourteenth AmendmentYes, for those limited groups not encompassing all Americans due to the
> therefore establishes simultaneous state and federal citizenship.
admission that TWO requirements are presented for fulfillment.
> Claims that individuals are not citizens of the United States but areReminds me of those who say that the courts have ignored people claiming
> solely citizens of a sovereign state and not subject to federal
> taxation have been uniformly rejected by the courts.
to make a special appearance. Yes, they have.
> The IRS issued"Taxpayers" should never claim to be something they are already shown
> Revenue Ruling 2007-22, 2007-14 I.R.B. 866, warning taxpayers of the
> consequences of making this frivolous argument.
not to be!
All those citations are great but most rely upon key words called "words
of art" many of which ring alarm bells when I see them, such as
"resident", "customer", "business", etc. etc.
I was recently at a "business Fair" put on by the local chamber of
commerce. I saw references to "owning a business", "you are a
business", "you have a business", "you do business", etc.
I asked everyone who used the word in their signage what the definition
was that they went by. I didn't get ONE answer! Seems people assume
definitions adverse to their interests. Nobody said that business is
what you do to be busy.
--- In email@example.com, "Frog Farmer" <frogfrmr@...> wrote:
> > The IRS issued
> > Revenue Ruling 2007-22, 2007-14 I.R.B. 866, warning taxpayers of the
> > consequences of making this frivolous argument.
> "Taxpayers" should never claim to be something they are already shown
> not to be!
> All those citations are great but most rely upon key words called "words
> of art" many of which ring alarm bells when I see them, such as
> "resident", "customer", "business", etc. etc.
> I was recently at a "business Fair" put on by the local chamber of
> commerce. I saw references to "owning a business", "you are a
> business", "you have a business", "you do business", etc.
> I asked everyone who used the word in their signage what the definition
> was that they went by. I didn't get ONE answer! Seems people assume
> definitions adverse to their interests. Nobody said that business is
> what you do to be busy.
In response to Barry's posting, once you wind up nose-to-nose with the IRS, you have done something wrong. Dealing with the government in most any aspect is like running a maze, where one wrong turn zaps you with a big electric shock! I am disabled, collect my federal benefit of Social Security disability benefits, and am pro se in an ERISA employment case in federal court.
Until about 2 years ago, I was just plain ignorant of anything that didn't get in my way like most working rats on the wheel of life. Since my lawyer quit after the case dragged on for 4 years, and some of my family began looking into the IRS stuff, I have spent literally thousands of hours in front of a computer reading and learning about the federal maze of laws, regulations, statutes and the Federal Rules of Court Procedure (FRCP). I learned that making the distinction between the laws United States Code, and the implementing regulations Code of Federal Regulations, is vital to survival.
What many people don't know is that the filing of a W-4 is worse than joining the Foreign Service and having your first child run away from home. I suspect that every one of the people involved in Barry's examples gave someone who was a withholding agent a W-4. A w-4 is a voluntary agreement to have your compensation taxed as if you were receiving certain federal benefits, not unlike my Social Security benefits which are taxable.
Sadly, many of these folks hadn't filed notice with the IRS at the International Division in Philadelphia, stating that they were not engaged in any taxable activity at the federal level Form 4598E is very helpful and in the files section. Most of what the people say to the courts are true. But our judical system has been corrupted. Interestingly, it was the federal judges that were the first to complain about the employment taxes. You must remember who they work for!! It's the saddest fraud ever perpeptrated on our country. But there is a way out in the future, and it's simple.
Do not ever file a W-4, and write a notice to the IRS that you are not actively engaged in trade or business with the federal government and that you are a non-resident alien UNDER THE TERMS OF THE IRS LAWS. Use a 1040NR for any refunds.
Remember that "citizen" is whatever it is defined to be in any given part of the law, and that it changes a number of times, depending on the situation. The same is true for "wages," "employment," "income," etc. What it means in one chapter may change in the next.
I don't know what will happen when most people catch on. Chinese proverb says, "May you live in interesting times." Well, we are getting there now that we have medical bills to pay.
OPT OPT NOW. Social Security is a "non-contractual insurance." This means there is no guarantee it will be there tomorrow, regardless of your contributions. Think of what you would do with that same amount of money. The IRS will be implementing the laws of the new health care bill and there are fines and punishments in the laws. Won't that be fun!!