FILE FOR RECORD THIS IS INTERNATIONAL NOTICE RETURN TO: [nondomestic] date LETTER OF EVIDENCE OF nontaxpayer STATUS The “forms attached” shall be considered invalid, null, and void without this attachment and all other items attached to it. Appearing herein as a "Private Man" and not a "PUBLIC OFFICER" in custody of any government right or property. The Constitution, in Article 1, Section 10, forbids penalties without a court hearing. Therefore, one may only be penalized if one fits the description of an “officer of a [federal] corporation” as specified in 26 U.S.C. §6671(b). I am a constitutional “citizen of the United States OF AMERICA”. For the purposes of this Letter of Evidence the terms “United States” and “U.S.” mean only the Federal Legislative Democracy of the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and any other Territory within the “United States,” which entity has its origin and jurisdiction from Article I Section 8, Clause 17-18 and Article IV, Section 3, Clause 2 of the Constitution of the United States of America. The terms “United States” and “U.S.” are NOT to be construed to mean or include the sovereign, united 50 states of America. The citizenship, domicile, and tax status of the Submitter of this form is hereby established, regardless of what the attached standard government form(s) say or imply. This status is an extension of both my Constitutional right to contract or not contract, and also my First Amendment right of freedom from compelled association. Any attempt to change this status is a direct violation of my Right to contract or associate. I am subject to constitutional diversity of citizenship pursuant to U.S. Const. Art. III. Section 2, but NOT statutory diversity pursuant to 28 U.S.C. §1332. I am a “non-resident” and would be described as a “non-resident NON-person” in the context of the Internal Revenue Code. I am a “national” of the “United States of America” as “national” is defined in 8 U.S.C. §1101(a)(21). The “United States of America” in turn is the collection of states united under the constitution and excludes the statutory “United States” used in any federal law or the GOVERNMENT serving said states. My allegiance is to the PEOPLE in the states of the Union and not to any government because the PEOPLE are the sovereigns and not the government that serves them. I was neither born nor naturalized in the United States, nor “subject to its jurisdiction, therefore I am NOT and never have been, as described in 26 CFR 1.1-1(c) and the 14th Amendment, a “U.S. citizen.” Therefore, I am an “alien” with respect to the “United States.” I would be an “alien” as defined in 8 U.S.C. §1101(a)(3) if consensually and physically present on federal territory, which I am not at this time. I am domiciled on other than federal territory and not within any internal revenue district or United States Judicial District or “State” defined in 28 U.S.C. §1332(e). I am NOT and never have been, as described in 26 USC 865(g)(1)(A), a “resident of the “U.S.” I am a statutory “national” as defined in 8 U.S.C. §1101(a)(21) because I have allegiance to my “state”, which is a state of the Union and a “foreign state” for the purposes of federal jurisdiction. I am NOT the “individual” as defined in 5 U.S.C. §552a(a)(2) because I am neither a statutory “U.S. citizen” pursuant to 8 U.S.C. §1401 nor a “resident” (alien) pursuant to 26 U.S.C. §7701(b)(1)(A) nor a government employee or officer. I am an individual in a common sense of the term, but not within the meaning of any federal statute. Only “public officers”, “employees”, agencies, and instrumentalities operating in a representative capacity within the United States government can be “individuals” within the meaning of any provision of the I.R.C. I have NEVER made, with ANY “knowingly intelligent acts” (Brady v. U.S. 397 U.S. 742, 748), ANY voluntary election under 26 USC 6013 or 26 CFR 1.871-4 to be treated as a “U.S. resident alien” for any purpose. Further, I have utterly NO intention of making such election in the future. I am NOT a “nonresident alien individual” as defined in 26 C.F.R. §1.1441-1(c)(3) because I am not present within federal territory or purposefully engaging in commerce there. I AM, as described in 26 USC 865(g) (1) (B), a “nonresident alien” of the “United States.” I am NOT and never have been, as described in 26 USC 7701(a) (14), a “taxpayer.” I do NOT have and never have had, as described in 26 USC 911(d)(3), a “tax home within the U.S.” I am NOT and never have been as described in 26 USC 7701(a)(30), a “U.S. Person.” I am NOT the “person” described in 26 U.S.C. §7701(c ), 26 U.S.C. §6671(b), or 26 U.S.C. §7343. I am NOT the “person” mentioned in 26 U.S.C. §7701(a)(1) because I am not an officer, statutory “employee” (per 5 U.S.C. §2105), agency, or instrumentality of the United States government or the District of Columbia (per 26 U.S.C. §6331(a)). I am NOT a statutory “employee” as defined in 5 U.S.C. §2105, 26 U.S.C. §3401(c ) or 26 C.F.R. §31.3401(c )-1. I am NOT engaged in or connected with any “trade or business” as defined in 26 U.S.C. Sec. 7701. I am NOT a statutory “citizen and national of the United States” as described in 8 U.S.C. §1401. I am NOT a statutory “U.S. national” as defined in 8 U.S.C. §1408 or 8 U.S.C. §1101(a)(22)(B). "The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individuals´ Right to live and own property are natural rights for the enjoyment of which an excise cannot be imposed." Corn v. Fort, 95 S.W.2d 620 (1936) the term “trade or business”, limits the statute to its proper scope: the performance of a public office. 26 CFR 1.6045-1 I AM , as described in 26 CFR 1.871-2 and 26 USC 770l(b), a “non-resident alien” with respect to the “United States” and am outside the general venue and jurisdiction of the “U.S.” I am NOT the statutory “citizen”, “resident”, or “individual” mentioned in 26 C.F.R. §1.6012-1 who has a legal liability to file an income tax return. I am not an "individuals" or "aliens" within the meaning of any government statutes, because all "individuals" within federal and state law are aliens and government "employees" and or "public officers" pursuant to 5 U.S.C. §552a(a)(2) and 5 U.S.C. &2105. I am NOT and never have been, as described in 26 USC 3401, an “officer” or an “employee” or an “elected official” (of the “United States” or of a “State” or of any political subdivision thereof, nor the District of Columbia, nor of a “domestic” corporation) earning wages from an “employer.” I am NOT and never have been, as described in 31 USC 3713, a “fiduciary,” or as described in 26 USC 6901, a “transferee” or a “transferee of a transferee.” I am NOT and never have been, as described in 26 USC Subtitle B, a “donor” or a “contributor,” and as a “nonresident alien” excluded under' 26 USC 2501(a) (2), therefore, I AM EXEMPT from any gift tax under 26 USC Subtitle B. As a “non-resident alien” NOT engaged in or connected with any “trade or business within the United States,” I am NOT REQUIRED by law to obtain a “U.S.” Taxpayer Identification Number or Social Security Number because of my exemption under 26 CFR 301.6109-1 (g). Further, I AM NOT REQUIRED by law to make, as described in 26 CFR 1.6015(a)-1, a “declaration,” because I am exempt under 26 CFR 1.6015(i)-1 and fundamental law. As a “nonresident alien,” I have NO “self employment income,” as described in 26 CFR 1.1.1402 (9b)-3(d). As a “nonresident alien,” I derived NO gross income from sources within the “United States” either “effectively connected” or “not effectively connected” with the conduct of a trade or business in the “United States” as described in 26 USC 872{a). As a “nonresident alien,” my private-sector remuneration is “from sources without the “United States” as described in 26 CFR 1.1441-3(a), does NOT constitute 26 USC 3401 “wages,” and is therefore NOT “subject to” mandatory withholding under 26 USC 3402(a), 3101(a), or 26 CFR 1.1441-1, because of its EXEMPTION under 26 USC 3401(a)(6) and fundamental law. As a “nonresident alien,” I did NEVER intentionally make, with ANY knowingly intelligent acts, ANY voluntary withholding “agreement” as described in 26 USC 3402(p). As a “nonresident alien,” my income is NOT included in “gross income” under Subtitle A and is EXEMPT' from withholding according to 26 CFR 1.44l-3(a) and 26 CFR 31.340l(a)(6)-1(b). As a “nonresident alien” with NO income “from sources within the United States,” my private-sector, non-”U.S.” income is FREE from all federal tax under fundamental law (see Treasury Decisions 3146 and 3640, and United States v. Morris 125 F. Rept 322, 331). As a “nonresident alien,” my estate and/or trust is, as described in 26 USC 7701 (a)(31), a TAX-EXEMPT “foreign estate or trust.” I am a non-taxpayer, a "nonresident alien" not engaged in a "trade or business" with no earnings from within the "United States" as defined in 26 C.F.R. §1.871-1(b)(i) whose estate is a "foreign estate" as per 26 U.S.C. §7701(a)(31) and who is specifically exempted from receipt of "gross income", not subject to withholding, backup withholding, and reporting as per the following: 26 U.S.C. §861(a)(3)(C)(i), 26 U.S.C. §1402(b), 26 U.S.C. §3401(a)(6), 26 U.S.C. §3406(g), 26 C.F.R. §31.3406(a)(6)-1(b), 26 C.F.R. §31.3406(g)-1(e), 26 C.F.R. §1.872-2(f); further, I am not a Title 26 "individual". I am a “nontaxpayer” not subject to any provision of Subtitles A through C of the Internal Revenue Code: “Revenue Laws relate to taxpayers [officers, employees, instrumentalities, and elected officials of the Federal Government] and not to non-taxpayers [American Citizens/American Nationals not subject to the exclusive jurisdiction of the Federal Government]. The latter are without their scope. No procedures are prescribed for non-taxpayers and no attempt is made to annul any of their Rights or Remedies in due course of law.” [Economy Plumbing & Heating v. U.S., 470 F2d. 585 (1972)] "The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to nontaxpayers. The latter are without their scope. No procedure is prescribed for nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws..." [Long v. Rasmussen, 281 F. 236 (1922) ] IRS Publication, Internal Revenue Manual section 4.10.7.2.8 (05-14-1999) , Warns the public that you can not trust or rely on any of the forms, publications, or notices as an accurate indication of your liability under Internal Revenue Code. Therefor, one must refer to the code itself. As a “natural born Citizen” (II:l:5 of the Constitution), free Sovereign, American Citizen, and “nonresident alien” with respect to the federal “United States,” I did NEVER voluntarily, intentionally waive, with ANY “knowingly intelligent acts,” ANY of my unalienable rights, and I have utterly NO intention of doing so in the future. Any prima facie evidence and SSA forms, statements, etc. were in error and involuntarily made under threat, duress, and/or coercion. I hereby revoke, cancel, and render void, Nunc Pro Tunc, both currently and retroactively to the time of signing, any and all such signatures. I reserve the right NOT to be compelled to perform under any agreement that I have not entered into knowingly, voluntarily, and intentionally. I am NOT a 26 USC 7203 “person required”; I am a “nontaxpayer” outside both general and tangential venue and jurisdiction of Title 26, United States Code. The IRS does not publish forms which allow the nontaxpayer to specify his status as a non-resident non-person who is not an “alien” or statutory “individual”. All statutory “individuals” are statutory “aliens” pursuant to 26 C.F.R. §1.1441-1(c)(3) and the submitter is NOT a statutory “alien” and therefore not an “individual”. Without being an “individual”, they also cannot be a statutory “person” under 26 U.S.C. §7701(a)(1). The status block in section 3 of the W-8 form does not have a status for “non-resident non-person” and also does not allow the party to specify that they are NOT a statutory “nonresident alien” either. One can be a “foreigner” without being a “foreign person” or even a “person”. One cannot be a statutory “taxpayer” without being a “person”, and the definition of “person” found in 26 U.S.C. §7343 and 6671(b) does not include the submitter for the purposes of any aspect of Internal Revenue Code enforcement. Whereas earnings from an occupation of common right are not the subject of an excise tax.... "An income tax is neither a property tax nor a tax on occupations of common right, but is an EXCISE tax...The legislature may declare as 'privileged' and tax as such for state revenue, those pursuits not matters of common right, but it has no power to declare as a 'privilege' and tax for revenue purposes, occupations that are of common right."[Simms v. Ahrens, 271 SW 720 ] The presumption rules at 26 C.F.R. §1441-1(b)(3) DO NOT allow you to presume or enforce any status OTHER than that which I report here. This information is classified as “reliable documentation” under the rules because it is signed under penalty of perjury and satisfies the requirements for a “Withholding Certificate” described in 26 C.F.R. §1.1441-1(c)(16) through (c)(18). Pursuant to 28 USC 1746(1) and executed “without the United States,” I believe and affirm under penalty of perjury under the Laws of the United States of America that the foregoing is true and correct, to the best of my belief and informed knowledge. Subscribed, sealed, and affirmed to this day, 18th, month, January, and year of 2018 I hereby affix my own signature to all of the above affirmations with explicit reservation of ALL my unalienable rights and without prejudice to ANY of those rights (UCC 1-308). The perjury statement appearing on all government forms to which this form is attached is not materially modified in symbolic form, but regardless of what it says, the perjury statement contained in the Affirmation at the end of this form is the perjury statement that defines and replaces all such perjury statements. Without such a modification, I would be committing perjury under penalty of perjury to sign a form containing only the government’s perjury statement found in 28 U.S.C. §1746(2) because I am a nonresident as described in 28 U.S.C. §1746(2), and not Physically present within or domiciled within the statutory “United States” as defined in 26 U.S.C. §7701(a)(9) and (a) (10), and I do not Represent an artificial entity, corporation, or government domiciled within the statutory “United States” as defined in 26 U.S.C. §7701(a)(9) and (a)(10) and as described in Federal Rule of Civil Procedure 17(b) and (d). The statutory but not constitutional “United States” consists of federal territory and excludes land within the exclusive jurisdiction of states of the Union. * NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL * * NOTICE TO THE PRINCIPAL IS NOTICE'TO THE AGENT * AFFIRMATION I declare under penalty of perjury under ONLY the common law and NOT civil/statutory law of the state I am physically present within and from and without the STATUTORY “United States”, and in accordance with 28 U.S.C. §1746(1) that the statements made in this document and all attachments are true, correct, and complete to the best of my knowledge and belief when all definitions of words, and my civil status pertaining to our interactions described in this correspondence and all attachments are fully respected and enforced by everyone making use of this information in any administrative or legal interactions between us. Subscribed and sworn, with all rights retained, attachments...
Posted by Deleted (9e2476b2) at 2020-11-19 21:22:25 UTC