INSTRUCTIONS: 4.6.  Protect Yourself from Prejudice and False Presumption on Government Forms

The war to free yourself from taxes is a technical war.  It involves structure, process, discipline, and the same kind of devious tactics the IRS uses.  If you are going to win the war, you have to obey the law but also play by the same rules as the IRS.  This section contains several pointers on how to use the IRS' tactics against them:

1.  Define the terms used on IRS forms

1.1  None of the terms found on any IRS form are legally defined using sections of enacted positive law.  Even if they were defined on the form or the IRS website, the IRS Internal Revenue Manual, section 4.10.7.2.8 says that you can't trust the definitions anyway.  Therefore, you are encouraging false presumption that will prejudice your rights if you sign any government form without at providing a legal definition of the terms on the form.

1.2.  Employers will frequently coerce employees to submit W-4 forms and will tell them that they must sign the form and not make any physical changes to the form.   Also, some persons who have been convicted of tax crimes will be ordered by the court to submit 1040 forms as a condition of their parole and that these forms must be signed and cannot be modified or altered.

1.3.  The above abuses and coercion are a violation of the First Amendment, which says that we have a right to free speech.  Implicit in this right is the right to not communicate with our government on a tax form or by any other means.

1.4.  When you are backed into a corner by a corrupt judge or ignorant employer as described above, one very helpful technique is to do the following:

1.4.1.  Fill out the form as they request.

1.4.2.  Put a prominent notice somewhere on the form stating: “Not valid without attached statement.”

1.4.3.  Then on the attached statement, modify the definition of terms used on the form.  This approach, by the way, is exactly the trick the government pulls to make you liable to begin with:  word games.  Fighting fire with fire can be very effective!

1.5.  Some terms you might want to explain or modify the definitions of on the W-4 and 1040 forms include:

1.5.1.  “United States”: means the federal United States, which includes the District of Columbia, federal territories, and enclaves within the states as defined in 26 U.S.C. 7701(a)9) and (a)(10).

1.5.2.  “Penalty of perjury”:  means under fraud, duress, coercion, nonconsensually, involuntarily, and in violation of the law.

1.5.3.  Your middle name:  Make it “nontaxpayer”.  You are entitled to use any name you want, as long as the intent is not to commit fraud.

1.5.4.  “Employee”: person who receives money in an equal exchange for the value of his labor from a private, nongovernmental entity not subject to either the territorial or subject matter jurisdiction of the federal government under Subtitles A or C of the Internal Revenue Code.

1.5.5.  “income”:  within the context of I.R.C. Subtitle A means ONLY “corporate profit” according to the U.S. Supreme Court under the following cases (and others):

1.5.5.1.  Bowers v. Kerbaugh-Empire Co., 271 U.S. 170, 174 (1926)

1.5.5.2.  Flint v. Stone Tracy Co., 220 U.S. 107, 55 L.Ed. 389, 31 Sup.Ct.Rep. 342 Ann. Cas.;

1.5.5.3.    Doyle v. Mitchell Brothers Co., 247 U.S. 179, 185, 38 S.Ct. 467 (1918);

1.5.5.4.  Eisner v. Macomber, 252 U.S. 189, 207, 40 S.Ct. 189, 9 A.L.R. 1570 (1920)

1.5.5.5.    U.S. v. Whiteridge, 231 U.S. 144, 34 S.Sup. Ct. 24 (1913)

2.  Quit Social Security and Invalidate the social security number in every correspondence with the IRS.

2.1.  Nearly every tax liability a person can have originates from one’s status as a federel “employee”, agent, contractor, or benefit recipient.  If this relationship is eliminated, then in most cases the liabilities go away as well.  See form number 05.008 entitled “Why Your Government is a Thief Or You Are A Federal Employee for Federal Income Tax Purposes” available at:
https://sedm.org/Forms/FormIndex.htm

2.2.  An important and essential way to terminate at least part of this employment relationship with the federal government is to terminate participation in Social Security.  This may be accomplished as follows:
https://famguardian.org/TaxFreedom/Forms/Emancipation/SSTrustIndenture.pdf

2.3.  Once the employment relationship has been terminated, the government will try to falsely “assume” or “presume” that the relationship continues to exist.  They will continue to use the Social Security Number, even though it no longer may lawfully be associated with you.  If they do this when sending you a notice or communicating with you, you can legitimately claim that the number the IRS has been using for you is no longer valid and wrong.  This will turn their world upside down because they can’t track you without the number any more.  See the free “Wrong Party Notice”, form 07.002 below:
https://sedm.org/Forms/FormIndex.htm

2.4.  To ensure that the IRS correctly eliminates and removes the SSN do the following:  Under “SSN” on every tax form, line it out in thick black pen and then write “WRONG  See attached Wrong Party Notice”.  Then in your letter mention the following:

2.4.2.  State that there is a severe criminal penalty for using the wrong identifying number as provided under the following laws:

2.4.2.1.  Social Security Benefit Act, P.L 97-123, Section 4.

2.4.2.2.  Tax Reform Act of 1976 (P.S. 94-455).

2.4.2.3.  Social Security Act, Section 209:  1 year in jail and a $1,000 fine.

2.4.3.      Congressional Research Service Report 97-59A entitled Frequently Asked Questions Concerning the Federal Income Tax, Question #5 entitled “Do Taxpayers Have the Right, under the Fifth Amendment, Not to Answer Questions on Their Tax Returns?” says you can claim the Fifth Amendment and not answer questions, irregardless of 26 U.S.C. Section 6109 that talks about a requirement for identifying numbers.

2.4.4.     IRS Handbook for Special Agents, section 342.12 and 342.15, which clearly states that persons can refuse to disclose information about themselves based on their Fifth Amendment rights.

2.5.     Declare a fictitious business name with the Secretary of State in your State and request a new Taxpayer ID number for the business.  Put all your accounts under that name and ID number so the IRS can’t find your assets based on your SSN.

3.   Include a “duress” statement with everything you file or sign, making it inadmissible as evidence in court:

3.1.  As we stated in section 3.4.9 and the Supreme Court case of Weeks v. United States, 232 U.S. 383  (1914), evidence that was illegally obtained cannot be used in court!  Without evidence, the IRS can’t prosecute you!

3.2.  Illegally obtained evidence includes evidence obtained through either fraud or duress.  Here are your defenses for each:

3.2.1.   Fraud occurred on the IRS W-4 (see section 6.4.6), the W-8BEN (see section 6.4.10).  The courts have agreed that these forms are untrustworthy in the following cases:

3.2.1.1.  Luhring v. Glotzbach, 304 F.2d 560 (4th Cir. 1962).

3.2.1.2.  Einhorn v. DeWitt, 618 F.2d 347 (5th Cir. 1980).

3.2.1.3.  United States v. Goldstein, 342 F.Supp. 661 (E.D.N.Y. 1972).

3.2.1.4.  Boulez v. C.I.R., 810 F.2d 209 (D.C. Cir. 1987).

3.2.1.5.  United States v. Will, 671 F.2d 963, 967 (6th Cir. 1982).

3.2.2.     The IRS’ own Internal Revenue Manual states that its publications cannot be trusted:

"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, [4.2]7.2.8 (05-14-1999)]

3.2.3.     Duress and force was obtained in getting you to prepare and sign the form.  Such duress includes, but is not limited to:

    Your past threatening correspondence, in which you threatened $1,000 in fines for allegedly frivolous returns, a 25% penalty for failure to file a return by the due date, even though I provided a  return that I still say is accurate in Ref. (2).  A $69 enforcement fee.  This kind of disrespectful, threatening, and harassing correspondence does not permit me to sign anything voluntarily that I might send to you.

    Penalties under sections 19131-19132 and 19177 through 19179 of the California R&TC:

o   19131 Failure to file

o   19132 Penalties

o   19177 Abusive tax shelters

o   19178 Aiding or abetting understatement of tax liability

o   19179 Frivolous returns

    Scare stories from my coworkers and friends about mistreatment by the Franchise Tax Board and the Internal Revenue Service, including strong-arm tactics like your Ref. (1), levies, liens, and seizures.

    26 U.S.C. Sec, 7201:  Attempt to evade or defeat tax (up to $100,000 fine or imprisonment not more than 5 years along with attorney fees).

    26 U.S.C. Sec, 7203:  Willful Failure to File (fine up to $25,000 or imprisonment for one year or both)

    Hundreds of different penalties for late filing or underpayment, as documented in Part 20 of the Internal Revenue Manual, available at: https://www.irs.gov/taxpros/display/0,,i1%3D5%26genericId%3D21035,00.html

    IRS Liens and levies being imposed for nonpayment of taxes.

    Receipt of threatening mail communications from the IRS (e.g. CP-515 “Notice of Deficiency” and subsequent Notice of Lien and Levy”).

    Constant anxiety from and harassment by IRS agents (by telephone and otherwise).

3.2.4.     The signature under “penalty of perjury” is obviously invalid because you were not competent to understand or interpret the Internal Revenue Code properly or to assess yourself properly and could not rely on any IRS forms or publications because of the courts have ruled that they can’t be trusted.

3.2.5.     If the IRS sends you anything via certified mail, make sure you writ e in big capital letters in pen “DURESS” next to or above your signature on the return receipt when you accept delivery.

4.   If you are filing a 1040NR form, this form and the accompanying booklet completely violates the Privacy Act (see section 5.5.8.2 of the Great IRS Hoax) and is bogus and need not be completed.  State that you are not obligated to complete the form at all under such circumstances and that the IRS ought to feel lucky for getting anything from you.  Tell them you want an indication in writing of the following aspects of the form:

4.1.     The expiration date.

4.2.     Whether completion of the form is “mandatory” or “voluntary” and if it is “mandatory”, the section of the code that creates the tax liability that makes it “mandatory”.

5.   If you are filing enclosures or attachments with your forms or returns, ensure that every enclosure is marked “Not valid without attached forms and all enclosures.”  This prevents the IRS from removing and conveniently losing the attachments to a return that documents your reasons or rationale for making the claims you did, which then can make it appear that your return is frivolous when in fact it wasn’t if the attachment had been kept.

6.   Say that you will gladly pay the tax and admit to being guilty if the IRS will show you the law that makes you liable for paying income taxes.  This looks very good in front of juries.  And since there is no law establishing liability for Subtitles A through C personal income taxes, they won’t be able to answer.

7.   Do a rescission on all past signatures which involved other than a zero assessment.

7.1.     Say that any signatures on tax forms you filed, including 1040, 1040NR, or 2555, which imply other than a zero tax liability are null and void because they were filed under duress, mistake, and coerced fraud.  We have a sample statement of this kind with our Request for Refund letter for you to reuse.

8.   Give legal notice in your correspondence to the IRS requiring a response to your correspondence within a short period or tell them they are admitting your position, and then mail it at the end of the waiting period.  Unless you keep the postmark with the original correspondence, like we do, its hard to defend yourself against this tactic.  The IRS has tried this on use before!

9.   Include a Copyright Notice on every form you file stating the following:

COPYRIGHT NOTICE:  You do NOT have my permission to share any part of this tax return with parties outside of your organization, including any other government agency or the Internal Revenue Service, absent a signed court order permitting discovery.  This would clearly violate my wishes and the COPYRIGHT that applies to this return.

11.   Include a Constructive Notice at the beginning of every form you file:

CONSTRUCTIVE NOTICE

IF THIS AFFIDAVIT IS NOT PROPERLY REBUTTED WITH A COUNTER-AFFIDAVIT WITHIN THIRTY (30) DAYS FROM THE DATE OF ITS MAILING, ALL PARAGRAPHS NOT DENIED SHALL BE CONFESSED AFFIRMED, BY SUCH DEFAULT, AND SHALL BE ACCEPTED AS DISPOSITIVE, CONCLUSIVE FACTS BY THE DEPARTMENT OF TREASURY-INTERNAL REVENUE SERVICE, AND/OR STATE TAX AGENCY WHEREIN THE DISTRICT DIRECTOR AND/OR THE CHIEF EXECUTIVE OFFICER OR OTHER PROPERLY DELEGATED AUTHORITY, HAD THE OPPORTUNITY AND “FAILED TO PLEAD.”  ALL COUNTER-AFFIDAVITS MUST BE SIGNED WITH THE VALID LEGAL NAME OF THE RESPONDENT. FICTITIOUS OR INCOMPLETE NAMES OF RESPONDENTS OR THOSE NOT CONTAINING COMPLETE LEGAL FIRST, MIDDLE, AND LAST NAMES AND EMPLOYEE NUMBER AND PHOTOCOPY OF DRIVER’S LICENSE SHALL NOT CONSTITUTE A VALID RESPONSE BECAUSE NOT PROPERLY AUTHENTICATED. COUNTER-AFFIDAVIT MUST ALSO PROVIDE LEAL EVIDENCE DOCUMENTING YOUR POSITION OR THE RESPONSE SHALL BE CONSIDERED A FRIVOLOUS NON-RESPONSE SUBJECT TO A $500 PENALTY FOR WASTING MY PRECIOUS TIME AND LABOR, BOTH OF WHICH THE SUPREME COURT HAVE SAID ARE MY PROPERTY IN BUTCHER'S UNION v. CRESCENT CITY CO., 111 U.S. 746 (1883).

 This Affidavit and all attached documents have been made a part of the Public Record and will be used for evidence in administrative and judicial proceedings at law, or equity regarding this case.  ALL of these documents must be maintained in Claimant’s Administrative File.

______________________________________
Signature

12.   Date and tab (exhibit #) every document for date of receipt or sending.

13.   Respond immediately to every letter:

13.1.  Deny everything you can: the status they assign you, your duty to respond or file anything.

13.2.  Accuse them of any impropriety you identify: failure to give notice, lack of authority, failure to respond to something you sent.

13.3.  Question everything: authority, applicability.

13.4.  Demand everything: proof of authority, applicability, liability.

13.5.  Give a deadline for action or response.

13.6.  Declare your intentions: file suit, write to higher authority.

13.7.  Set forth the legal/factual basis for your position.

14.   Make a copy of everything and keep it in a marked file for quick retrieval.

15.   Send related exhibits with every letter.

16.   Have a witness for your insertions in the envelope, acknowledged on your file copy.

17.   Send everything certified or registered mail.

Apart from the obvious value of having your evidence at hand when needed, you are causing the agents to act with extreme caution in dealing with you, hopefully encouraging them simply to leave you be.  You are just too much trouble for too little money.

You must now follow through by gathering the evidence to stop the IRS.  You examine their correspondence to find everything which might pertain to a lack of an OMB number, or which involves any interpretation of a law or regulation, or the things which require authority for the IRS action involved.  Send a request under FOIA for the documents.  Request a Technical Determination of your tax status from the District Director.[1]  File a Petition for Redress of Grievances.[2]

The Revenue Code imposes penalties upon government agents for improper disclosure of tax information.  An improper assessment gives rise to an invalid lien, which is a publication of confidential information.[3]  You should threaten to sue for this, also.[4]  Similarly, agents are liable for damages when they willfully disregard the provisions of the Code which protect the taxpayer.[5]  The government cannot refuse to disclose the identify of their personnel who are violating the rights of the citizens.[6]  If an IRS agent uses extortive or oppressive measures on a citizen, he can be prosecuted and fined $10,000, or get 5 years, or both.[7]


[1] MT 1218-196(P)-(11)-23.

[2] Constitution, Amendment 1 .

[3] 26 U.S.C. 7431(a)(1)  & (b).

[4] Rorex v. Travnor, 771 F.2d 383, 386 .

[5] 26 U.S.C. 7433(a)  and (b).

[6] Bivens v. Six Unknown Federal Agents, 403 U.S. 388 (1971) .

[7] 26 U.S.C. 7214(a)(1) .