(b) An individual
who is employed at the United States Naval Academy in the
midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s
cobbler and barber shops, and the midshipmen’s store, except an
individual employed by the Academy dairy (if any), and whose
employment in such a position began before October 1, 1996, and has
been uninterrupted in such a position since that date is deemed an
employee.
(c) An employee paid
from nonappropriated funds of the Army and Air Force Exchange
Service, Army and Air Force Motion Picture Service, Navy Ship’s
Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard
exchanges, and other instrumentalities of the United States under
the jurisdiction of the armed forces conducted for the comfort,
pleasure, contentment, and mental and physical improvement of
personnel of the armed forces is deemed not an employee for the
purpose of—
(1) laws
administered by the Office of Personnel Management, except—
(A) section 7204;
(B) as otherwise specifically provided in this title;
(C) the Fair Labor Standards Act of 1938;
(D) for the purpose of entering into an interchange agreement to
provide for the noncompetitive movement of employees between such
instrumentalities and the competitive service; or
(E) subchapter V of chapter 63, which shall be applied so as to
construe references to benefit programs to refer to applicable
programs for employees paid from nonappropriated funds; or
(2) subchapter I of chapter 81,
chapter 84 (except to the extent specifically provided therein), and
section 7902 of this title.
This subsection does not affect the status of these nonappropriated
fund activities as Federal instrumentalities.
(d) A Reserve of the
armed forces who is not on active duty or who is on active duty for
training is deemed not an employee or an individual holding an
office of trust or profit or discharging an official function under
or in connection with the United States because of his appointment,
oath, or status, or any duties or functions performed or pay or
allowances received in that capacity.
(e) Except as
otherwise provided by law, an employee of the United States Postal
Service or of the Postal Rate Commission is deemed not an employee
for purposes of this title.
(f) For purposes of
sections 1212, 1213, 1214, 1215, 1216, 1221, 1222, 2302, and 7701,
employees appointed under chapter 73 or 74 of title 38 shall be
employees.
Notice also that the definition of
“employee” above:
1.
Implicitly EXCLUDES private
employees or anyone not expressly identified.
2.
Includes only appointed or
commissioned officers of the United States exercising the sovereign
functions of a “public office” in the U.S. government.
3.
Does not include what most
companies would describe as common law employees.
The only lawful use of
"public property", such as a Social Security Number or Social Security
Card, is for a "public use". Here is how Black's Law Dictionary
very eloquently describes it:
“Public
purpose. In the law of taxation, eminent domain, etc., this
is a term of classification to distinguish the objects for which,
according to settled usage, the government is to provide, from those
which, by the like usage, are left to private interest, inclination,
or liberality. The constitutional requirement that the purpose
of any tax, police regulation, or particular exertion of the power
of eminent domain shall be the convenience, safety, or welfare of
the entire community and not the welfare of a specific individual or
class of persons [such as, for instance, federal benefit recipients
as individuals]. “Public purpose” that will justify expenditure
of public money generally means such an activity as will serve as
benefit to community as a body and which at same time is directly
related function of government. Pack v. Southwestern Bell Tel. &
Tel. Co., 215 Tenn. 503, 387 S.W.2d 789, 794.
The term is
synonymous with governmental purpose. As employed to denote the
objects for which taxes may be levied, it has no relation to the
urgency of the public need or to the extent of the public benefit
which is to follow; the essential requisite being that a
public service or use shall affect the inhabitants as a community,
and not merely as individuals. A public purpose or public
business has for its objective the promotion of the public health,
safety, morals, general welfare, security, prosperity, and
contentment of all the inhabitants or residents within a given
political division, as, for example, a state, the sovereign powers
of which are exercised to promote such public purpose or public
business.”
[Black’s Law
Dictionary, Sixth Edition, p. 1231, Emphasis added]
In effect, the number
constitutes a license to act as a government employee or "trustee" over
public property. The
number can only be used in connection with the official
employment duties as a federal "employee". If you are a private
party who is not acting in a representative capacity (as described in
Federal Rule
of Civil Procedure Rule 17(b)) and not exercising
the agency of federal employment or
private contracts, you cannot
lawfully use such a number and you
cannot admit to ever having been issued one. The number, which is
public property, can only lawfully be assigned to the custody and
possession of the federal "employee"
or “public officer”
while he is acting as a federal
"employee" or "public officer", and not to the private individual.
It is the same way
with private employers, who will often fire their employees if they take
company property home for private use. If you use this public
property for private use, then:
-
You would be abusing public/government
property, the SSN, for private gain. This is a criminal
violation of
18 U.S.C. §208(a). Only federal "employees"
on official duty can use or dispose of public/government property. If
you are not on official duty as a federal "employee", then you cannot
possess or "have" such a number and cannot truthfully
claim to have ever been issued one.
-
You would be embezzling public property and converting it to private
use, in violation of
18 U.S.C. §641.
-
You would be impersonating a public
employee, which is a crime under
18 U.S.C. §912:
TITLE 18 >
PART I >
CHAPTER 43 > § 912
§ 912. Officer or employee of the
United States
Whoever falsely assumes or pretends
to be an officer or employee acting under the authority of the
United States or any department, agency or officer thereof, and
acts as such, or in such pretended character demands or obtains
any money, paper, document, or thing of value, shall be fined
under this title or imprisoned not more than three years, or
both.
Aside from the above, Webster's Collegiate
Dictionary defines the word "have" as follows:
"have.
1 a: to hold or maintain as a possession , privilege, or
entitlement <they ~ a new car><I ~ my rights> b: to hold in
one's use, service, regard, or at one's disposal <the group will ~!
enough tickets for everyone>;. . . 2. To feel obligation in
regard to --usu. used with an infinitive with to <we ~ things to do>
. . .3: to stand in a certain relationship to <~ enemies>.
[Webster's Collegiate Dictionary, 1983, ISBN 0-87779-510-X, p. 556]
In order to "have" a
number:
-
You must be able to
control the use of the number by all those who use it.
"Ownership" implies FULL and EXCLUSIVE control. All uses of the number must require your consent, in accordance with
the Privacy Act,
5 U.S.C. 552a(b). Otherwise, it is "their" number and not
"yours". Remember: "The" and "IRS" together spells
"THEIRS". Everything you "think" you own is really "THEIRS"
when you use "their" numbers.
-
It's use must provide
a definite benefit to you personally that is contractually and
legally protected. Social security benefits are not
contractually or legally protected, according to the Supreme Court,
and therefore, they are not necessarily "benefits".
-
It must be in
connection with an "entitlement or privilege". It is
not a "privilege" to be tracked by IRS computers and be terrorized
and harassed to illegally pay bribery money to a bloated government that does
not respect your rights or obey the Constitution. It's a
"liability" and not a "privilege".
Since
Social Security
Numbers (SSNs) and
Taxpayer Identifications Numbers (TINs) do not fit
any of the above criteria in the context of taxation, then they cannot
be described as "your" number. The Supreme Court, in
fact, agreed with these conclusions when it said in
Flemming v. Nestor, 363 U.S. 603 (1960) (OFFSITE LINK) that Social Security is
not a contract and receipt of benefits is not a "right".
“We must conclude that
a person covered by the Act has not
such a right in benefit payments… This is not to say,
however, that Congress may exercise its power to modify the
statutory scheme free of all constitutional restraint.”
[Fleming v. Nestor ,
363 U.S. 603 (1960) (OFFSITE LINK)]
Without an contractual entitlement
and guarantee, then there is no definite or
certain "benefit", which means that one cannot "have" any right or
entitlement to anything by virtue of having such a number.
Consequently, when one is asked what is "your" number, one can honestly
respond by saying:
"I don't have one.
Any number the government might have associated me with was
involuntary and compelled and I have asked them repeatedly to
eliminate this form of 'compelled association' in violation of the
First Amendment.
The fact that you won't amounts to identity theft, kidnapping, and
conspiracy against rights in violation of the Constitution and
18 USC 241"
The Social Security System, in fact, is a
Trust. All trusts require three entities to operate:
- A "Grantor" or "Settlor", which is
the entity that created the trust. That would be the American
People who, through their elected representatives, wrote the Social
Security Act.
- A "Trustee", which is you, who is a
federal "employee" managing the trust.
- A "Beneficiary", which is the U.S.
government. The purpose of the Social Security System is NOT
to pay you benefits in old age, it is to increase the general
revenues so to inflate the federal retirement and power and control
of your "public servants".
The Social Security Trust is a
"constructive trust", which is created when you complete and sign the
SS-5 form, application for Social Security. It is constructive,
because you never explicitly signed a trust agreement and agreed to act
as a "Trustee", nor was your consent fully informed of the
terms of the trust. The trust document is the
Social Security Act
of 1935 (OFFSITE LINK), codified in
Title 42 of
the U.S. Code (OFFSITE LINK). The assets of the trust
are accumulated from your earnings. The trust is a "social
insurance program" and the federal government is in the "insurance
business" for its federal "employees"
(OFFSITE LINK). The federal Constitution,
Tenth Amendment, forbids the federal government from offering such
social insurance to anything BUT its own "employees",
or offering it anywhere except within its own territories under its
exclusive control. If you don't believe us, look at
IRS form 4029, which identifies Social Security as an "insurance
program".
The
Social
Security Number attaches to the position of "Trustee" of the
trust. The all caps person name that is similar to your name is
the legal "res"
(OFFSITE LINK) or "person" who is:
- Acting as the Trustee and federal "employee"
(OFFSITE LINK).
- A fiduciary over government payments
under
26 U.S.C. §6901 (OFFSITE LINK).
- A "transferee" under
26 U.S.C. §6903 (OFFSITE LINK).
- "An officer of a corporation", where
the "corporation" is the United States Government, which is
identified in
28 U.S.C. §3002(15)(A) as a "federal corporation". As an
"officer of a federal corporation", you are mentioned in
26 U.S.C. §6671(b) and
26 U.S.C. §7343 (OFFSITE LINK) as the only proper subject
of the penalty and criminal provisions of the Internal Revenue Code.
You are also subject to the penalty and criminal provisions of the
I.R.C. without the need for implementing regulations by virtue of
the fact that
44 U.S.C. §1505(a)(1) (OFFSITE LINK)says that implementing
regulations are not required for those who are federal employees.
Federal statutes may be enforced DIRECTLY against federal employees
without the need for implementing regulations.
The so-called Social Security "benefits" that you
allegedly receive
don't make you the "Beneficiary" of the trust by any stretch of the
imagination, but rather simply a federal "employee"
and "Trustee" and "fiduciary" over public monies that used to be yours
but became public monies when you joined the program and agreed to act
as "Trustee". When you filled out and signed the W-4
form, which is a contract (see
26 CFR §31.3401(a)-3), you obligated yourself to several things
under the terms of the contract or what the government calls a
"voluntary withholding agreement". In effect, you signed a private
contract with the U.S. government to become part of the government and
thereby qualify for federal employee benefits, including "social
insurance":
-
You changed from a private citizen to a
federal public "employee" subject to the legislative jurisdiction of
the federal government.
-
Your private employment earnings changed
character from that of private earnings to public
property and federal payments. The Internal Revenue Code is
the means by which that public property or "gift" is then managed
under
26 U.S.C. §321(d). This is documented further in section
5.4.6 of the
Great IRS Hoax.
"Men are
endowed by their Creator with certain unalienable rights,-'life,
liberty, and the pursuit of happiness;' and to 'secure,' not
grant or create, these rights, governments are instituted.
That property which a man has honestly acquired he retains
full control of, subject to these limitations: First, that he
shall not use it to his neighbor's injury, and that does not
mean that he must use it for his neighbor's benefit; second,
that
if he devotes it to a public
use, he gives to the public a right to control that use [through
the Internal Revenue Code, in this case];
and third, that whenever the public needs require, the public
may take it upon payment of due compensation.
[Budd v. People of State of New York,
143 U.S. 517 (1892)]
-
Your earnings are now called "wages"
(OFFSITE LINK), which is a "word
of art" for income connected to a "trade
or business" and a "public
office" (OFFSITE LINK) that originates from within the
District of Columbia.
Click here for an article showing how this scam works. See
also
Great IRS Hoax, section 5.6.7.
-
You consented to be treated as a "person"
with a legal "domicile" within Washington, D.C., even if you in fact
do not have a domicile there.
4 U.S.C. §72 (OFFSITE LINK) says that all "public offices" must
occur in the District of Columbia, and you identified yourself as a
federal "employee" holding such an office by virtue of the fact that
the upper left corner of the W-4 form says "employee"
(OFFSITE LINK), which is defined in
26 CFR §31.3401(c )-1 (OFFSITE LINK) as an elected or appointed
officer of the United States Government. This is the same
"public office" which is the only proper subject of levies in
26 U.S.C.§6331(a) (OFFSITE LINK).
Click here (OFFSITE LINK) for more details on this scam.
-
You contractually agreed to include your
earnings subject to the W-4 withholding agreement as "gross
income" on a tax return:
"Sec.
31.3402(p)-1 Voluntary withholding agreements.
(a) In general. An employee and his
employer may enter into an agreement under section 3402(b) to
provide for the withholding of income tax upon payments of amounts
described in paragraph (b)(1) of Sec. 31.3401(a)-3, made after
December 31, 1970.
An agreement may be entered into under this
section only with respect to amounts which are includible in the
gross income of the employee under section 61, and must be
applicable to all such amounts paid by the employer to the employee.
"
As a voluntary "Trustee", you become a "fiduciary"
(OFFSITE LINK) under
26 U.S.C. §6901 (OFFSITE LINK) and a "transferee" under
26 U.S.C. §6903
(OFFSITE LINK) over federal property, which includes the Social Security
Number and the Social Security card. The Social Security retirement
benefits, in fact, simply represent deferred federal employment
compensation as a "Trustee". All employment compensation is paid to this
"Trustee" and not to you as a natural and private person.
The payment checks are sent to the all caps Trustee, not the lower case
you the natural person. You must
consent or agree by your actions to represent this Trustee in order to cash these
deferred employment compensation payments to the Trustee called Social Security Checks.
No one can compel you to act as a "Trustee". To do otherwise would
be to institute involuntary servitude in violation of the
Thirteenth
Amendment (OFFSITE LINK). Because of the provisions of the
Thirteenth Amendment, you can resign at any time as "Trustee" but the
government is going to make it very difficult for you to discover how to
resign because they want to keep the federal gravy train and your
earnings running right up to their front porch.
If you want to know how to indefinitely
terminate your federal "employee" position and your role as "Trustee",
please consult our free pamphlet below. You can also use the
completed version of this form as proof that you are not a federal
"employee" and therefore do not qualify to have or use a number:
Resignation of Compelled Social Security Trustee,
Form #06.002
http://sedm.org/Forms/FormIndex.htm
If you want to
remove all such numbers from your personal account so the change
character from public property back to private property, please see
section 7 of our
article below:
About the IRS Form W-8BEN,
Form #04.001
http://sedm.org/Forms/Tax/W-8BEN/AboutIRSFormW-8BEN.htm
5. Who
can lawfully be issued a "Social Security Number"?
First of all, who may
Social Security Numbers be issued to? The answer is found in
20 CFR §422.104:
Code of Federal Regulations
TITLE 20--EMPLOYEES' BENEFITS
CHAPTER III--SOCIAL SECURITY
ADMINISTRATION
PART 422_ORGANIZATION AND
PROCEDURES--Table of Contents
Subpart B_General Procedures
Sec. 422.104 Who can be assigned a social security number.
(a) Persons eligible for SSN
assignment. We can assign you a social security number if you
meet the evidence requirements in §422.107 and you are:
(1) A United States citizen;
or
(2) An alien lawfully admitted
to the United States for permanent residence or under other
authority of law permitting you to work in the United States
(§422.105 describes how we determine if a nonimmigrant alien is
permitted to work in the United States); or
(3) An alien who cannot
provide evidence of alien status showing lawful admission to the
U.S., or an alien with evidence of lawful admission but without
authority to work in the U.S., if the evidence described in
§422.107(e) does not exist, but only for a valid nonwork reason.
We consider you to have a valid nonwork reason if:
(i) You need a social
security number to satisfy a Federal statute or regulation
that requires you to have a social security number in order
to receive a Federally-funded benefit to which you have
otherwise established entitlement and you reside either in
or outside the U.S.; or
(ii) You need a social
security number to satisfy a State or local law that
requires you to have a social security number in order to
receive public assistance benefits to which you have
otherwise established entitlement, and you are legally in
the United States.
(b) Annotation for a nonwork
purpose. If we assign you a social security number as an alien
for a nonwork purpose, we will indicate in our records that you are
not authorized to work. We will also mark your social security card
with a legend such as “NOT VALID FOR EMPLOYMENT.” If earnings are
reported to us on your number, we will inform the Department of
Homeland Security of the reported earnings.
[68 FR 55308, Sept. 25, 2003]
The section above very
deceptively doesn't indicate that the main prerequisite of receiving a
number is that one is acting as or agrees to act as a federal
"employee" or "public officer", but this is indeed the case. The first thing we notice
about the above, is that it is in
Title 20 of the Code of Federal Regulations,
which is entitled "Employee's Benefits".
That term "employee"
is defined in
5 U.S.C. §2105,
26 U.S.C. §3401(c ), and
26 CFR §31.3401(c )-1
as a federal employee and NOT a private employee. The federal government has no authority over private employees or
private employers in states
of the Union, as confirmed by the U.S. Supreme Court:
“It is no longer
open to question that the general government, unlike the
states, Hammer v. Dagenhart,
247 U.S. 251, 275
, 38 S.Ct. 529, 3 A.L.R. 649, Ann.Cas.1918E
724, possesses no inherent power in respect of the internal
affairs of the states; and emphatically not with regard to
legislation.“
[Carter v. Carter Coal Co.,
298 U.S. 238, 56 S.Ct. 855 (1936)]
________________________________
"The difficulties arising out of our dual form of
government and the opportunities for differing opinions concerning
the relative rights of state and national governments are many;
but for a very long time this court has steadfastly adhered to
the doctrine that the taxing power of Congress does not extend to
the states or their political subdivisions. The same basic
reasoning which leads to that conclusion, we think, requires like
limitation upon the power which springs from the bankruptcy clause.
United States v. Butler, supra."
[Ashton v. Cameron County Water
Improvement District No. 1,
298 U.S. 513; 56 S.Ct. 892 (1936)
The IRS also admits in
its own Internal Revenue Manual, in black and white, that private
employers do not have to deduct or withhold:
5.14.10.2 (09-30-2004)
Payroll Deduction Agreements
2. Private
employers, states, and political subdivisions are not required to
enter into payroll deduction agreements. Taxpayers should
determine whether their employers will accept and process executed
agreements before agreements are submitted for approval or
finalized.
[SOURCE: http://www.irs.gov/irm/part5/ch14s10.html]
Consequently, whenever
you use the SSN in any context, which is "public property" owned by the
government, you are admitting to be acting as a
federal "employee"
of "public officer" on official duty. Those who participate in Social Security are
federal government "employees"
or "employers" as legally defined. That is the only way the government can
lawfully operate, because if they didn't do it this way, they would
be abusing their taxing power to become a Robinhood who transfers
property between citizens, which the U.S. Supreme Court said below they
cannot lawfully do:
"In Calder v. Bull, which was here
in 1798, Mr. Justice Chase said,
that there were acts which the Federal and State legislatures
could not do without exceeding their authority, and among them
he mentioned a law which punished a citizen for
an innocent act; a law that destroyed or impaired the lawful
private [labor] contracts [and labor compensation, e.g. earnings
from employment through compelled W-4 withholding] of citizens;
a law that made a man judge in his own case; and
a law that took the property from A
[the worker]. and gave it to B [the government or another
citizen, such as through social welfare programs]. 'It is
against all reason and justice,' he added, 'for a people to
intrust a legislature with such powers, and therefore it cannot
be presumed that they have done it. They may command what is
right and prohibit what is wrong; but they cannot change
innocence into guilt, or punish innocence as a crime, or violate
the right of an antecedent lawful private [employment] contract
[by compelling W-4 withholding, for instance], or the right of
private property.
To maintain that a Federal or
State legislature possesses such powers [of THEFT!] if they had
not been expressly restrained, would, in my opinion, be a
political heresy altogether inadmissible in all free
republican governments.' 3 Dall. 388."
[Sinking
Fund Cases, 99 U.S. 700 (1878)]
Consequently, if you
are receiving federal payments or "benefits", there are only two ways to describe
the result:
1. Your government is a thief and a Robinhood and
you continue to be a private citizen...OR
2. You are a federal
"employee" or "public officer" and the payment is "employment compensation".
Take
your pick, but you have to pick either one of the two
and not both.
If the number is attached to any of your bank or
financial accounts, those accounts are owned by the federal government
and under their supervision because they were opened by its "employees"
or “public
officers” in the conduct of a type of federal employment called a "trade or
business". A "trade
or business" is defined in
26 U.S.C. §7701(a)(26) as a "public office" in which you essentially
become a business partner with the federal government. Your
employment compensation consists of:
-
Deferred employment compensation called
Social Security benefits.
-
Unemployment compensation (FICA)
benefits
-
Medicare benefits
-
Reductions in federal tax liability
taken under the following sections of the code:
4.1 Graduated and reduced rate of
tax under
26 U.S.C. §1
4.2 Earned in come credit under
26 U.S.C. §32
4.3 Deductions under
26 U.S.C. §162
In the context of federal "benefit"
programs, which essentially amount to "social insurance", the Privacy
Act, 5 U.S.C. §552a confirms that all those who participate in such
programs are "federal personnel":
TITLE 5 >
PART I >
CHAPTER 5 >
SUBCHAPTER II > § 552a
§ 552a. Records maintained on
individuals
(a) Definitions.—
For purposes of this section—
(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).
Consequently, anyone who asks you to supply
YOUR "Social Security Number" indirectly is asking you the following TWO
questions:
1.
“Are you a federal "employee"
or “public officer” on official duty at the moment?". . . . AND
2.
"If you are, what is your
license number to act in that capacity?"
The answer to this question
should always be that you are a private individual who cannot lawfully
possess or use government property or numbers, and that it is UNLAWFUL
for you to impersonate a "public officer" of the U.S. government in
violation of
18 U.S.C. §912 by providing or using one as a private individual.
Furthermore, if they insist that you have or use one, then make sure you
fill out an IRS form 56 and make THEM, not YOU the surety and the person
responsible for the duties associated with the "public office" they are
effectively creating by using a number against your will. The
First Amendment
to the United States Constitution guarantees us a right of free
association. This implies at least the ability to determine when
we are working and when we are off work. The employment contract
for federal "employees" is found in
Title 5 of the U.S. Code. It doesn't say what the working
hours are for federal benefit recipients, and therefore we can choose
what those hours are even if we did voluntarily apply for and continue
to use such a number.
If you would like a more
thorough analysis of why "taxpayers" under Subtitle A of the Internal
Revenue Code are nearly all federal "employees", please read our free pamphlet
below:
Why
Your Government is Either A Thief or You Are a "Public Officer" for
Income Tax Purposes, Form #05.008
ADDRESS:
http://sedm.org/Forms/MemLaw/WhyThiefOrEmployee.pdf
If you find anything wrong
with the above analysis or any part of this article, then please
send us your corrections so we can improve them.
The Internal Revenue
Code, Section 6109 contains provisions for issuing Taxpayer
Identification Numbers but we have found no statutory or regulatory
provision for terminating the number or returning it to the government.
Likewise, the Social Security Act has provisions to issue the number in
20 CFR §422.104,
but we have found no statutory provisions for terminating it. The
reason the government does this is that they want to maintain your
eligibility to receive the so-called benefit and thereby perpetuate
their authority to enforce the franchise agreement codified in the
Internal Revenue Code Subtitle A and the Social Security Act against
you. This was hinted at by the Supreme Court when it said:
The principle is
invoked that one who accepts the benefit of a statute cannot be
heard to question its constitutionality.
Great Falls Manufacturing Co. v. Attorney General, 124 U.S. 581, 8
S.Ct. 631, 31 L.Ed. 527;
Wall v. Parrot Silver & Copper Co., 244 U.S. 407, 37 S.Ct. 609, 61
L.Ed. 1229;
St.
Louis, etc., Co., v. George C. Prendergast Const. Co., 260 U.S. 469,
43 S.Ct. 178, 67 L.Ed. 351.
[. . .]
6. The Court
will not pass upon the constitutionality of a statute at the
instance of one who has availed himself of its benefits.FN7
Great Falls Mfg. Co. v. Attorney General, 124 U.S. 581, 8 S.Ct. 631,
31 L.Ed. 527;
Wall
v. Parrot Silver & Copper Co., 244 U.S. 407, 411, 412, 37 S.Ct. 609,
61 L.Ed. 1229;
St.
Louis Malleable Casting Co. v. Prendergast Construction Co., 260
U.S. 469, 43 S.Ct. 178, 67 L.Ed. 351.
FN7 Compare
Electric Co. v. Dow, 166 U.S. 489, 17 S.Ct. 645, 41 L.Ed. 1088;
Pierce
v. Somerset Ry., 171 U.S. 641, 648, 19 S.Ct. 64, 43 L.Ed. 316;
Leonard v. Vicksburg, etc., R. Co., 198 U.S. 416, 422, 25 S.Ct. 750,
49 L.Ed. 1108.
[Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 56 S.Ct. 466
(1936)]
So long as a number exists that is allotted
to you, then there is a presumption that you maintain the eligibility to
receive the benefit and therefore must abide by the statutes which
administer it. The Social Security Administration also tries to
perpetuate this FRAUD upon the people:
1. By hiding the forms and
procedures for quitting the program on their website. See:
2. By responding to requests to
terminate participation with a letter FALSELY stating that you can’t
quit. See:
After a number is
issued, then the only thing they will cooperate with you in doing with it is
changing its status.
“. . .A person may
establish a different status for the number by providing proof of
foreign status with the Internal Revenue Service…Upon accepting an
individual as a nonresident alien individual, the Internal Revenue
Service will assign this status to the individual’s social security
number. . .
[26 CFR §301.6109-1(g)(1)(i)]
One technique for
changing its status is documented in section 1 of the cover letter for
the Resignation of Compelled Social Security Trustee form
above.
But what about if the
person isn’t and never was an “individual” and a “public officer” within
the government, which is the case with most Americans? In their case,
application for the number was knowingly fraudulent and any act that is
the product of fraud is a NON act that the law may not lawfully
recognize and certainly not benefit from:
Ex dolo malo non
oritur action.
Out of fraud no action arises. Cowper, 343; Broom's
Max. 349.
Fraus et jus
numquam cohabitant.
Fraud and justice never agree together. Wing.
680.
Quod alias bonum
et justum est, si per vim vel fraudem petatur, malum et injustum
efficitur.
What is otherwise good and just, if sought by force or
fraud, becomes bad and unjust. 3 Co. 78.
[Bouvier’s Maxims
of Law, 1856;
SOURCE:
http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
How does the IRS or the
SSA correct knowingly fraudulent applications for their numbers and
remove them from their records? We haven’t figured that out yet but the
implications are HUGE. However, the following things are certain:
1. When you become aware that
your application was not authorized by law because you did not have a
domicile on federal territory as required by 20 CFR
§422.104,
then your application becomes fraudulent and you have a duty to correct
it and notify them of the fraud.
2. If they refuse to correct the
fraudulent records and application, the government is committing the
following crimes for which you may consider a criminal complaint and a
civil prosecution:
2.1. 18 U.S.C.
§911:
Impersonating a statutory “U.S. citizen”. Only statutory “U.S.
citizens” and permanent residents, of which you are neither as a person
domiciled in a state of the Union, may lawfully apply for the number.
2.2. 18 U.S.C.
§912:
Impersonating a public officer or “employee” of the government. The
number may only be issued as a “benefit” to government “employees”,
pursuant to 20 CFR §422.103(d)
and you are impersonating a government “employee” if you apply for one
or use one.
2.3. 18 U.S.C.
§1030:
Computer Fraud. Their records are in computers and they are knowingly
fraudulent.
2.4. 18 U.S.C.
§3:
Misprision of felony. They are aware of a crime and they refused to act
on it or do something about it, which is also a crime.
2.5. 18 U.S.C.
§4:
Accessory after the fact. They are an accessory after the fact to all
the above crimes if they refuse to do something about it.
Another technique for
ensuring they do something about it is to fill out an IRS form 56
making the IRS commissioner and/or the Commissioner of Social Security
the fiduciary for all liabilities relating to the number. Since the
number belongs to them, then let THEM take complete and exclusive
responsibility for every aspect of its use or abuse. This technique is
used on the Resignation of Compelled Social Security Trustee, Form
#06.002 mentioned above, and it really puts them on the hot seat because
now they become the targets for all the collection notices and liens,
not you.
7. How
to respond to requests for SSNs or TINs
If you do not think
that your compensation from federal "employment" or "public
office" is sufficient and do not choose to
act as a socialist security "Trustee" and federal "employee"
(OFFSITE LINK), and especially not in the context of your private life, then
you can follow the instructions in each of the following subsections. In addition to the responses
below, you can also use the completed
version of the "
Resignation of Compelled Social Security Trustee,
Form #06.002" form
mentioned in the previous section as proof of the illegality
of using a Social Security Number.
7.1
Government applications for an account or benefit
-
Government application for an account
or benefit. When the government asks for the number
on an application for an account or benefit:
1.1 Indicate "None".
1.2 If they ask you whether you
were ever issued such a number say "No". The reason you can
say this is that the number is public property and can only be
issued to public employees acting in their official capacity.
Since you are not a public employee acting in your official
capacity, then it wasn't issued to you, who are a private person.
1.3 You do not choose to act as a
"Trustee" or federal "employee" and you resigned
your federal "employment" position.
1.4 It is illegal for you to use
public property for private gain unless on official duty as a public
employee, and you are not on official duty.
-
Government notice. When the government sends you a notice
and refers to you with such a number:
2.1 It is not the correct number.
2.2 The government should correct its
records to reflect this fact and discontinue illegal collection
actions against you, because you are no longer and never were a
federal "employee".
2.3 The employment compensation of the
Trustee position is inadequate and you quit the position years ago
and NEVER participated voluntarily.
The compensation you want must ALSO include no federal tax
liability and the federal government is unwilling to add this to the
terms of the Trust Indenture document.\
In addition to the above, you should also
follow the guidelines contained in the following resource on our website
within the Liberty University:
When the IRS wants to
request an identifying number, it asks for a "Social Security Number" on
its forms. The IRS' own Internal Revenue Manual however, in
IRM
section 4.10.7.2.8, says that you can't rely on the accuracy of its
forms and publications:
"IRS Publications, issued by the
National Office, explain the law in plain language for taxpayers and
their advisors... While a good source of general information,
publications should not be cited to sustain a position."
[IRM
4.10.7.2.8 (05-14-1999)
(OFFSITE LINK)]
Consequently, it would be unreasonable to conclude that an SSN as
legally defined is really what they are asking for. If the IRS asked
for a "Taxpayer Identification Number", however, they would have a lot
fewer "taxpayers" because few people have TINs but most people apply for
SSNs. Consequently, they falsify their forms to instead ask for
the SSN instead of the TIN. Whenever you see the phrase "SSN", or
"Social Security Number", you must conclude that they are really asking
for a Taxpayer Identification Number. 26 CFR
§301.6109-1(d)(3) authorizes Taxpayer Identification Numbers to be
issued by and used ONLY by “aliens”, not “citizens”. Since most
Americans don't have TINs because they are not "aliens" or "residents"
of the District of Columbia, then the safe way to answer such a question
is to:
-
Line out "SSN" and write "TIN" above it.
-
In the box underneath write "None".
-
In the "Notes" section or blank area on
the form, put:
"Not authorized to
use SSN in place of TIN. Please cite positive law if you
disagree. In accordance with
5 U.S.C. 552a(b), you do not have my permission to use any
identifying number in association with me and are COMMANDED to
remove all such numbers from your records. All personal information
about me is copyrighted and a trade secret and may not be maintained
in ANY government information system or shared with any state
revenue agency. Violation of the copyright will subject the
violator to $1,000,000 for each occurrence."
If the IRS or a state
revenue agency sends you a notice or form to fill out and an identifying
number appears on the form or letter or correspondence, you should
immediately respond to the notice by:
-
Lining in thick
felt-tip pen all identifying numbers.
-
Writing next to this
the following:
"Invalid.
Please remove this wrong number from my record. See attached
'Wrong Party Notice'."