|FORMS: 6.16 W-4 EXEMPT PENALTY RESPONSE TO IRS|
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This letter is intended as a response to the IRS when they send you a threatening letter in response to your submission of a W-4 EXEMPT. In their threatening letter, they will most commonly try to assess an illegal "false statement" penalty of $500 for submitting your W-4, and not document the basis for determining that it is false. They will also notify you that they have contacted your employer and ordered them to withhold at "single zero" rate.
Directed personally to:
Internal Revenue Service
Fresno Customer Service Center
(1) My Request to Stop Withholding dated June 11, 2001; Certified Mail # 700-1530-004-2347 for Navy and Marine Corps Reserve Center.
(2) My Request to Stop Withholding dated June 11, 2001; Certified Mail #700-1530-004-2347-5159 to Space and Naval Warfare System Center San Diego, Calif.
(1) Your 2775(CG) Letter to me dated June 11, 2001 (attached)
Subject: Assessment of $500 penalty for False Statement on a W-4 Form
SECTION 1: RESPONSE TO ENCLOSURE (1)
Your unsigned and unverified letter of Enclosure (1) as received by me on 25 JUNE 2001 is REFUSED for cause, on the grounds of fraud. I wish to appeal your findings and your assessment of penalty. In the event you are unwilling to honor my request to eliminate the penalty documented in this letter and the request to notify my employer to stop withholding as I requested, then I demand an immediate Appeals Conference to establish your right to assess the penalties and violate my Fifth Amendment rights by overruling my wishes to stop withholding.
In your letter, you stated as a general conclusion that:
However, you have not provided me with any specific statutes and regulations providing evidence to support your erroneous conclusions that there was an alleged “false statement”. In Refs. (1) and (2), which you completely and frivolously and recklessly disregarded, I provided an affidavit which exhaustively explained why I have no tax liability. I am still waiting for you to address the issues raised in said references and your lack of a response establishes your acquiescence to their validity. You are moving against me on mere allegation and without addressing the issues raised in Refs. (1) and (2), which clearly violates my right of due process under the Sixth Amendment to the U.S. Constitution and violations your authority as a revenue officer employed with the IRS. You have not specifically identified what fact or statement contained on the W-4 constitutes a “false statement” and I challenge your authority and your jurisdiction to assess a penalty for such an undocumented and unexplained violation. Accordingly:
As you are aware, W-4 Forms are voluntary agreements between the employer and the employee that cannot be interfered with by the IRS. W-4 Forms for private employers and employees have never been memorialized into law. Your actions are unlawful interference with my right to contract:
Any act by an IRS officer directing my employer to change my withholding status to other than that which I designate can subject you to a constitutional tort suit. Participation by my employer may subject the employer to a suit on the grounds of, “conspiracy to violate constitutional rights” under 42 U.S.C. §1983-“Civil Action for Deprivation of Rights” and 18 U.S.C. §241-“Conspiracy against Rights of Citizens—Criminal Action”. In the case of Poindexter v. Greenhow, 114 U.S. 270, 5 S.Ct. 903 (1885), the U.S. Supreme Court determined that government agents who are acting outside the law or under the color of law and who injure the rights or property are subject to personal liability for their wrongs and are not protected by official immunity:
The law makes it perfectly clear:
No verbal threat or letter from the IRS can abrogate my sworn statement, or the clear intent of the law. It is not within the authority of the IRS, or my employer, to change or correct a verified affidavit that I signed under penalty of perjury, unless it is proven in a Court of Law that I have perjured myself. For you to notify my employer to ignore my lawful signed and attested W-4 Form “EXEMPT” and withhold as if I had claimed “0” allowances, when such information is clearly false, without any authority of law and against my consent is unlawful and constitutes EXTORTION UNDER THE COLOR OF OFFICE. You are also unlawfully interfering with my trade, my right to contract, and my right to retain 100% of the possessory interest in property belonging to me. If this illegal activity is not stopped immediately, I will file civil and criminal charges personally against you and your agency, and the Department of Justice has no authority to defend you or the IRS under the U.S. Attorney’s Manual section indicated below, so you may have to pay for the defense personally (see http://famguardian.org/Publications/USAttyManual/title6/4mtax.htm#6-4.270) :
However, the DOJ may prosecute your for such violations, and I will bring said violations to the attention of the attorney general, John Ashcroft, promptly, absent you addressing my concerns.
I shall now define what I mean by EXTORTION UNDER THE COLOR OF OFFICE:
Also, because you and your Chief Examiner, are acting in collusion, outside of your lawfully delegated authority, criminal and civil actions may be brought against you both, in your individual capacity, for “Extortion under the Color of Office.” It is not necessary to prove that you personally benefited from the money extorted to sustain a conviction or judgment.
I stand by the claims of my original W-4 form and Affidavit of References (1) and (2) but have also resubmitted a W-4 EXEMPT as you requested. My original form W-4, to the best of my knowledge and belief, is still true as stated and signed and the obligation belongs to you to disprove this, which you have not so far done and are demanded to do.
SECTION 2: DEMAND FOR MORE SPECIFIC STATEMENT
(1) Specifically, what statute, implementing regulation and delegation order provides the authority for your claim that there is a MANDATORY “withholding” requirement applicable to me, a Citizen of one of the union American states, domiciled and engaged in an occupation of “common right” (Simms v. Ahrens, 271 SW 720), therein. Said occupation is NOT classified as the conduct of a trade or business in the “United States” as defined in 26 U.S.C. Section 871 and the implementing regulations.
(2) Specifically, what statute of the Internal Revenue Code, and related CFR employment regulations, gives you or the Internal Revenue Service, the authority to change my Form W-4, or Affidavit of Exemption, which I have signed under penalty of perjury, and thereby violate my Fifth Amendment right to not be deprived of my property without due process of law or my consent?
(3) Specifically, what statute or related CFR employment regulation, that is consistent with the Fifth Amendment of the Constitution, provides you with the authority to tell my employer not to accept my W-4 Form unless I claim zero withholding allowances?
(4) Please immediately provide me with a copy of the specific statutes and regulations upon which you relied to make the determination that my W-4 Form is not accurate for the purposes of claiming an Exemption from withholding. Also, please explain exactly what I must do to rectify these alleged inaccuracies, as well as copies of any necessary forms which I must file.
This correspondence constitutes a demand that you notify my employer to honor my lawful signed and attested FORM W-4 with my appropriate EXEMPT status, within 10 days from the date of receipt of this letter and notify me that such action has been taken, at the address indicated above.
SECTION 3: CHALLENGE OF YOUR AUTHORITY AND JURISDICTION TO ASSESS PENALTIES FOR ALLEGED OFFENSE
As you are aware, pursuant to 44 U.S.C.A. §§1504-1507, before a citizen of the several States of the United States can be bound by, or adversely effected by a law or regulation, having general applicability to such Citizens, it must be published in the Federal Register. Such laws and regulations are then categorized pursuant to their applicable Title in the Code of Federal Regulations (CFR). 26 U.S.C. §7805(a) states:
The Internal Revenue Code is not self-executing. Without an implementing regulation, applicable to a particular type of tax, a statute has no force of law, and imposes no duties or penalties. The Parallel Table Authorities for 26 CFR reveals that the Bureau of Alcohol, Tobacco, and Firearms is the only authority authorized to use distraint or assess penalties for nonpayment of income taxes for Title 27 (and NOT Title 26) issues ONLY. The following is taken from the Parallel Table of Authorities in the back of the Title 26 Code of Federal Regulations [CFR]. It is a list of the ONLY 26 CFR Part 301 Regulations that derive their Authority for implementation from Title 26 USCS or 26 IRC [Income Taxes]. Note the conspicuous absence of any penalty, interest, levy or seizure for the Title 26 Voluntary Income Tax or for filing of allegedly false W-4 forms. Again, it is inconceivable that the Congress would legislate penalties for the individual income tax, since the supreme Court and the IRS have both substantiated that such a Tax is voluntary and NOT based upon distraint. It would be absurd to impose penalties for non-compliance, when such an option is what made the tax voluntary to begin with.
You can look at the Parallel Table of Authorities yourself at:
In addition, the following court ruling clearly expresses your lack of authority to assess penalties:
“…the Act’s civil and criminal penalties attach only upon the violation of a regulation promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone…only those who violate the regulations (not the Code) may incur civil or criminal penalties, it is the actual regulation issued by the Secretary of the Treasury and not the broad authorizing language of the statue, which is to be tested against the standards of the 4th Amendment.” Calif. Bankers Assoc. v. Shultz, 416 U.S. 25, 44, 39 Led2d 812, 94 S.Ct. 1494
Your own Internal Revenue manual, which is reflective of the ruling case law on this subject states that you have no delegated authority to issue a civil penalty or to collect penalties without a judgment signed by a magistrate:
The question then is, where is the fictitious lawsuit that authorizes you to collect a penalty? The supreme Court agrees with this conclusion in the following case:
In case you don’t understand, “distraint” is defined as follows and is the equivalent of “force” or “coercion” or “compulsion” in the collection of debts and legal liabilities:
CONSTRUCTIVE NOTICE OF ABSENCE OF RIGHT TO LEVY, LIEN, OR SEIZE ASSETS OF CLAIMANT
Pursuant to 26 U.S.C. Section 6331(a):
I am not an “employee” as such “term” is defined below:
This correspondence shall constitute constructive notice that I do NOT meet the definition of a person on whom you are authorized to institute distraint of the type above based on the definition of “employee” above, and you are forewarned that you will be held personally liable under 26 U.S.C. §7214(a) for unlawful use of your authority if you violate the above restrictions on your legal authority. I have also warned my financial institutions and county recorder and employer that a illegal fraud illegal taking of property may be perpetrated by you in the future against my property rights and to bring that to my attention promptly and disregard it. Your jurisdiction to levy or use distraint is challenged and must be proven by you.
SECTION 4: AFFIDAVIT OF REVOCATION OF SIGNATURES AND RESCISSION OF PREVIOUSLY FILED W-4 FORMS, 1040 FORMS, STATE INCOME TAX FORMS, ET AL.
I, Christopher M. Hansen , Citizen of California and domiciled in San Diego County, California, one of the American union States, hereby extinguish, rescind, revoke, cancel, abrogate, annul, nullify, discharge, and make void ab initio all signatures, belonging to me, on all previously filed Internal Revenue Service, W-4 Forms (other than EXEMPT W-4’s), 1040 Forms (that are not part of Ref. (1)) and all State Income Tax Forms and all powers of attorneys, real and implied, connected thereto, on the grounds that my purported consent was not voluntarily and freely obtained, but was made through mistake, duress, fraud, and undue influence exercised by your agency and my employer. Pursuant to Contract Law: “All 1040 (not part of Ref. (1)) and W-4 Forms (other than EXEMPT W-4’s) are, hereby, extinguished by this rescission.”.
I was induced by fraud and duress to sign such forms and I was denied full disclosure of the voluntary nature of such forms. I was mislead by those who knew, or should have known, into believing that filing such forms was mandatory and/or implied, were inconscionable and grossly unfair to me. I was unduly influenced by the stronger bargaining power of my employer, the Internal Revenue Service and the State Tax agency, and acted under an implied threat and fear of losing my job and my property and out of fear of potential imprisonment for non-compliance. Any alleged consent is null and void as it was given under duress, by mistake, and by fraud. Notwithstanding any information which you may have to the contrary, any forms that have been filed, and any implied quasi contracts that you may feel you have with me, were filed illegally and unlawfully and are without force/and or effect.
I further revoke, rescind, and make void ab initio all powers of attorney pertaining to me for any and all governmental/quasi/colorable agencies and/or Departments created under the authority of Art. I, Sec. 8, Cl. 17, and/or Art. IV, Sec. 3, Cl. 2 of the Constitution of the United States.
I, hereby, voluntarily relinquish any presumptive 14th Amendment citizenship status and any privileges and immunities granted therein. I retain my natural born status of a Citizen of one of the several union States of America under the Constitution and law, and my Citizenship in these United States of America. I preserve all my unalienable Rights that are inherent from my Creator, at all times. I waive no rights at any time. I do not, at any time, designate anyone to be a binding arbitrator in any disputes of my Rights or equity. If your agency has a Constitutionally valid claim, you must adhere to Due Process of Law, and other protections according to the Constitution, and I will remain an Involuntary Litigant in any such action.
SECTION 5: NEXT STEPS:
I will pursue the following if you do not comply with the requests in this correspondence in a timely fashion and as required by your responsibilities and delegated authority:
1) Filing of IRS form 911, which requests help from the Taxpayer Advocate’s office.
2) Writing letters to my senators and congressmen.
3) Adjudicatory/examination hearing.
4) Filing a Referral and Request for “Technical Advice” under 26 CFR § 601.105(b)(5)(iii) and IRM, [4.2] 7.2.10.
5) Posting all of your correspondence and my responses on the website located at http://famguardian.org in order that other concerned citizens may learn from and reuse the litigation tools developed dealing with you.
6) Prosecuting and holding you personally liable under the following Statutes:
a. 26 U.S.C. Sec. 7214
b. 42 U.S.C. 1983-Civil Action for Deprivation of Rights
c. 18 U.S.C. 241-Conspiracy against Rights of Citizens—Criminal Action
d. 26 U.S.C. §7433-Civil Damages for Certain Unauthorized Collection Actions
You are forewarned that all future interactions with you via telephone will be recorded and posted for public listening on the website at http://famguardian.org, and that any attempts to contact me either by phone or in person shall constitute due consent by you to be electronically recorded. These recordings will be used as evidence in the process of litigating my Civil and Criminal Action for Abatement of Penalties and Conspiracy against rights.
Should you wish to further investigate the claims contained in this letter or the research to back it up, you are encouraged to visit the website at http://famguardian.org and download the free book called The Great IRS Hoax: Why We Don’t Owe Income Tax. The book is free and very completely reveals and exposes the fraud of the income tax that most sovereign American Nationals have been repeatedly and maliciously victimized by through ignorance and illegal activities of employees at your agency.
Finally, I wish to emphasize that the best interests of the taxpaying public, your agency, and the United States Government are not served by your frivolous, negligent, libelous, and unethical misapplication of the tax laws in my case. Your ignorant misapplication of the laws will ultimately result in extended litigation that will negate any benefit you might gain by attempting to collect taxes or penalties, not to mention jeopardize your job and the credibility of your agency. Furthermore, everything I learn in the process of fighting you will be recycled and posted on the internet at http://famguardian.org for many hundreds of thousands of other tax freedom fighters to reuse in the process of litigating against your clearly unethical and lawless disregard for my lawful, Constitutional, and property rights.
I thank you kindly for taking the time to diligently read and respond to this correspondence and to References (1) and (2), and for acting in an ethical, respectful, and responsible way that honors the legal constraints imposed upon your position as a revenue officer acting under the color and authority of the laws of the United States government. It is only by you observing the legal limitations imposed on your position that the IRS and the U.S. Government can ever hope to earn and keep the public trust and confidence that all Citizens living in the 50 states would like to have in your agency and in their government.
May God richly bless you and yours with a clear conscience and the blessings of liberty and freedom that we all long for in this wonderful nation of ours.
If you wish to contact me about this correspondence, you may call me during normal working hours at ___________ or by email at _______________. It is my intention to telephone you about this correspondence within a few days.
Under the penalties of perjury, I declare that I examined the facts stated in this protest including any accompanying documents, and, to the best of my knowledge and belief, they are true, correct, and complete.
All Rights Reserved Without Prejudice, UCC 1-207
Former SSN (no longer active)______________
STATE OF _____________ )
COUNTY OF ____________ )
On __________________________ before me ___________________personally appeared ______________________ personally known to me (proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
I do hereby certify that I have served _______________________________________________(name of agency or person served) with a true copy of the within document (circle one) (personally)/(by Certified Mail with Return Receipt Requested), from/at _______________________________________________________________ (city and state mail was sent from).
Witness my hand and official seal.
Signature of Notary:_______________________________________
Certified Mail #:______________________________________