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Fwd: Fw: No Social Security Number or Form W-4 Required ....

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  • eugene baudin
    No Social Security Number or Form W-4 Required .... From: We The People for Independent Texas Date: Mon, 30 May 2005 Extracted from one of
    Message 1 of 4 , May 31, 2005
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      No Social Security Number or Form W-4 Required ....
      From: "We The People for Independent Texas" <wtpfit@...>
      Date: Mon, 30 May 2005

      Extracted from one of my letters used - December 11, 1997

      NO SOCIAL SECURITY NUMBER REQUIRED.

      The Internal Revenue Code section 6109(a)(3) states:

      Any person required under the authority of this title to make a return, statement or
      other document with respect to another person shall request from such other
      person, and shall include in any return, statement, or other document, such
      identifying number as may be prescribed for securing proper identification of such
      other person.

      26 US. C 6109(a) (3). (Emphasis added).

      The regulation interpreting section 6109 provides:

      If he does not know the taxpayer identifying number of the other person, he shall
      request such number of the other person. A request should state that the identifying
      number is required to be furnished under authority of law. When the person filing
      the return, statement, or other document does not know the number of the other
      person, and has complied with the request provision of this paragraph, he shall sign
      an affidavit on the transmittal document forwarding such returns, statements, or
      other documents to the Internal Revenue Service so stating.

      26 CFR 301.6109-1(c) (In part, emphasis added).

      If a document must be filed and the employer has been unable to obtain the number
      but has made the request, then the employer needs only to include an affidavit
      stating that the request was made.

      The Internal Revenue Code section 6723 states:

      In the case of a failure by any person to comply with a specified information
      reporting requirement on or before the time prescribed therefor, such person shall
      pay a penalty of $50 for each such failure,

      . . . . 26 U S C 6723. (In part).

      However, Internal Revenue Code section 6724(a) provides for a waiver of any
      penalties assessed under the Code upon a showing of reasonable cause. Section
      6724(a) provides:

      No penalty shall be imposed under this part with respect to any failure if it is shown
      that such failure is due to reasonable cause and not to willful neglect.

      26 U S C. 6724(a). (Emphasis added).

      Since the Internal Revenue Code provides a waiver of any penalties for "any failure"
      to obtain a social security number, it is not mandatory that you obtain such number
      or supply such number to the Internal Revenue Service. The fact that an individual
      will not sign a tax form or supply a number after you have made the request,
      eliminates willful neglect on your part.

      Even under the Immigration Reform and Control Act, codified at 8 U S C.
      1324a(b), documents other than a social security card can be used for identification
      purposes; a birth certificate being one of them.

      NO FORM W-4 IS REQUIRED.

      Just like the request for a social security number (or "taxpayer" identifying number),
      the Internal Revenue Code merely requires that the employer request a Form W-4
      (or withholding exemption certificate) from each employee. The Code instructs that
      in the event the employee does not furnish such certificate, such employee shall be
      considered as a single person. Note that the Internal Revenue Code only relates to
      those persons who are subject to (liable for) a revenue tax.

      See Economy Plumbing and Heating Co. v. United States, 470 F.2d 585, cited
      below.

      Just like the social security number, you will also see that there is no absolute
      requirement for withholding exemption certificates or withholding allowance
      certificates (such as Form W-4) required to be signed by an individual in order for
      him or her to obtain a job. You will see that such forms apply only to individuals
      who are claiming some sort of statutorily authorized allowance or exemption.

      The Internal Revenue Code provides:

      On or before the date of the commencement of employment with an employer, the
      employee shall furnish the employer with a signed withholding exemption certificate
      relating to the number of exemptions which he claims, which shall in no event
      exceed the number to which he is entitled.

      26 U S C 3402(l)(2)(A). (Emphasis added).

      Here, the language is clear. Such a form is required only in the event some sort of
      exemption is claimed. Please be advised that I make no claim at all . I do not claim
      "exempt", I do not claim "zero" and I do not claim any other number of
      exemptions. I simply make no claim at all. I submit that you will find no law
      requiring an individual to complete such certificate if such individual makes no
      claim. It goes without saying that an individual cannot be forced to claim a "benefit"
      or be forced to sign a government form which is not absolutely required by law in
      order to contract for a job.

      Furthermore, the regulation issued pursuant to 26 U S C. 3402(f)(2)(A) states that
      an employer is only required to request a "withholding exemption certificate" and
      tells you precisely what to do in the event you are not furnished such certificate. �
      ��On commencement of employment. . . . . . The employer is required to request a
      withholding exemption certificate from each employee, but if the employee fails to
      furnish such certificate, such employee shall be considered as a single person
      claiming no withholding exemptions.

      26 CFR 31.3402(f)(2)-l(a). (In part, emphasis added).

      Summarizing all of the above, it is clear that the statutes and regulations issued
      pursuant to the statutes do not provide you with any protection for refusing to hire
      an individual or for dismissing an individual simply because the individual has not
      supplied a social security number or signed tax forms.
    • dstein4
      I would like to know how to get a job in the US, without having to submit a SS # or a W-4 despite what the law says. I have tried and have failed. Yes... I
      Message 2 of 4 , Jun 1, 2005
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        I would like to know how to get a job in the US, without having to
        submit a SS # or a W-4 despite what the law says. I have tried and
        have failed. Yes... I could have filed a lawsuit, but that isn't the
        point. So.... anyone have success in this, other than through a third
        party?
      • gary
        I would think the IRS would be just overjoyed at having as many people as possible not sign a W4 form so the employer can withhold at the rate for single with
        Message 3 of 4 , Jun 1, 2005
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          I would think the IRS would be just overjoyed at having as many people as
          possible not sign a W4 form so the employer can withhold at the rate for
          single with no exemptions. The IRS then gets the maximum amount of money
          and will probably not have to give any of it back as a refund because most
          people who won't sign a W4 probably won't file a tax return.

          Does anyone out there know how one who gets the IRS to stop trying to
          collect with methods such as Dave Miner's IMF corrections, or any other
          method, gets to not have withholding or a way to get the money back without
          filing a return?

          Gary

          ----- Original Message -----
          From: "eugene baudin" <elbaudin@...>
          To: <tips_and_tricks@yahoogroups.com>
          Sent: Tuesday, May 31, 2005 10:55 PM
          Subject: [tips_and_tricks] Fwd: Fw: No Social Security Number or Form W-4
          Required ....


          > No Social Security Number or Form W-4 Required ....
          > From: "We The People for Independent Texas" <wtpfit@...>
          > Date: Mon, 30 May 2005
          >
          > Extracted from one of my letters used - December 11, 1997
          >
          > NO SOCIAL SECURITY NUMBER REQUIRED.
        • Frog Farmer
          ... Ask the Mexican consulate. They publish a booklet for illegal aliens that might be a help. It s worked for millions!
          Message 4 of 4 , Jun 11, 2005
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            On Jun 1, 2005, at 12:50 PM, dstein4 wrote:

            > I would like to know how to get a job in the US, without having to
            > submit a SS # or a W-4 despite what the law says. I have tried and
            > have failed. Yes... I could have filed a lawsuit, but that isn't the
            > point. So.... anyone have success in this, other than through a third
            > party?
            >

            Ask the Mexican consulate. They publish a booklet for illegal aliens
            that might be a help. It's worked for millions!
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