Exhibit "A" Attachment to:
Real Property Public Notice
and Notice of Common Law Lien
John E. Trumane
c/o general delivery
Marin County
San Rafael, California Republic
united States of America
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE RESCISSION AFFIDAVIT
OF JOHN E. TRUMANE
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
PREAMBLE
I, Citizen John E. Trumane, being a Massachusetts native-
born white adult male living and working in Marin County as a
Citizen of the California Republic since the year 1979 and I, as
such status, hereby make this Special Appearance, by Affidavit,
In Propria Persona, proceeding Sui Juris, At Law, in Common Law,
with Assistance, Special, neither conferring nor consenting to
any foreign jurisdiction, except to the judicial power of
California and/or America, and as such I willfully enforce all
Constitutional limitations respectively on all government
agencies when dealing with them, wherefore the Undersigned
Affiant, named herein and above, upon affirmation declares and
evidences the following:
I, John E. Trumane, am of lawful age and competent. I am a
free white natural born Citizen in the California Republic, and
thereby in the united States of America, in fact, by Right of
heritage, a Citizen inhabiting the California Republic, protected
via hereditary succession by my predecessors' previous contracts
with government as found in the Northwest Ordinance of 1787, the
Organic Act of 1849, the original Constitution of California, the
Articles of Confederation of 1777, the Constitution for the
united States of America (1789) including its Preamble, and the
Bill of Rights (1791) including its Preamble; and, as such, I
retain all my unalienable Rights granted by God in positive law,
embodied in the Declaration of Independence (1776) and binding
Rights upon myself and my parentage, on this day and for all time
now and hereafter; and further,
Rescission Documents of John E. Trumane:
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I, John E. Trumane, a natural born free white adult male, In
Propria Persona, proceeding Sui Juris, At Law, with Assistance,
Special, receiving mail c/o General Delivery, San Rafael,
California Republic, being duly sworn and affixing my signature
to this document, do hereby make the following statement of fact
and affirm: the so-called "Social Security" number xxx-xx-xxxx
is rescinded in application, in body and in signature, for I
affirm that this agreement was imposed upon me by usage of
threat, coercion, withholding of material facts, and uninformed
consent, and that I was not at age of majority; therefore, this
aforementioned government action constitutes constructive fraud
and placed me under duress of mind and therefore deprived me of
giving any meaningful consent to the original "Social Security"
application and agreement. This agreement is null and void, nunc
pro tunc, due to the aforementioned fraud; and further
AFFIDAVIT AMENDMENT PROTECTION CLAUSE
I, the Undersigned, in order to protect my unalienable
Rights to life, liberty and property, inclusive of my Right to
the proper in rem and in personam Citizenship status, have been
forced to amend certain legal documents and statements, due to
the continued revelation and increased discovery of the
continuous acts of fraud upon me by the de facto governments,
both State and Federal, and therefore I declare that I am free to
amend any and all such documents and statements, as a matter of
substantive Right, for I cannot be held liable for either the
acts or the omissions by governments which are out of my control,
which acts and omissions constitute fraud in one form or another.
Therefore, I proceed at all times "WITH EXPLICIT RESERVATION OF
ALL MY RIGHTS AND WITHOUT PREJUDICE" to any of my unalienable
Rights, inclusive of my personal Right to substantive and
procedural due process proceedings under the Judicial Power of
both my State and my Nation. And further,
I, John E. Trumane, state and affirm the following:
1. That material facts were withheld, such as Title 28,
Section 1746, Subsections 1 & 2 (being within or without the
"United States"), which caused me to be unaware that a completed,
signed, and submitted "Form 1040" or "income tax return" and
other forms and documents of the Internal Revenue Service and the
Franchise Tax Board are voluntarily executed instruments which
could be used as prima facie evidence against me in criminal
trials and civil proceedings to show that I had voluntarily
waived my Constitutionally secured Rights and that I had
voluntarily subjected myself to the federal income/excise tax, to
the provisions of the Internal Revenue Code (hereinafter referred
to as the IRC), to the authority of the Franchise Tax Board
(hereinafter referred to as the FTB) and to the authority of the
Internal Revenue Service (hereinafter referred to as the IRS) by
signing and thereby affirming, under penalty of perjury (within
the "United States"), that I was, in effect, a "person" subject
to the tax; that the above induced and/or forced action, via
State and Federal governments, clearly indicates a violation of
the United States Constitution, Article 1, Section 9, Clause 3:
"No Bill of Attainder or ex post facto Law shall be passed." and
Clause 4: "No Capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration hereinbefore
directed to be taken." These above same injunctions are found in
the Northwest Ordinance and in the California Constitution. And
further,
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2. That material facts were withheld, which caused me to
be unaware of the legal effects of signing and filing income tax
returns, as shown by the decision of the United States Court of
Appeals for the 9th Circuit in the 1974 ruling in the case of
Morse v. U.S., 494 F.2d 876, 880, wherein the Court explained how
a State Citizen became a "taxpayer" by stating: "Accordingly,
when returns were filed in Mrs. Morse's name declaring income to
her for 1944 and 1945, making her potentially liable for the tax
due on that income, she became a taxpayer within the meaning of
the Internal Revenue Code." [emphasis added] And further,
3. That material facts were withheld, which caused me to
be unaware that the signing and filing of an income tax return
and other IRS forms are acts of voluntary compliance for a free
Sovereign natural born Citizen (see 2:1:5, U.S. Constitution)
inhabiting the united States of America, when executed and
submitted by said Sovereign living and working within the States
of the Union; that I was unaware that, in a legislative court
such as a United States District Court, the completed IRS
documents can become prima facie evidence, sufficient to sustain
a legal conclusion by a judge, that the signer has voluntarily
changed his lawful status/state FROM that of a free Sovereign
natural born Citizen, who is not subject to any federal income
tax and who possesses all of his God-given, Constitutionally
secured Rights when dealing with government, TO the legal status
of a "taxpayer" (any individual, trust, estate, partnership,
association, company or corporation subject to federal excise
tax), that is, a "person" who is subject to the federal excise
tax and is, therefore, subject to the authority, jurisdiction and
control of the federal government under Title 26 of the United
States Code, the statutes governing federal taxation and to the
regulations of the IRS, thereby imposing the tax on himself,
waiving his God-given Constitutionally secured Rights to property
and labor in respect to the federal income/excise tax statutes
and their administration by the IRS, and establishing himself as
one who has privileges only, but no Rights, in dealings with the
IRS, the same as a corporation; that it is my understanding that
the change of status/state resulting from the signed IRS
documents is very similar to the change of status that occurs
when one enlists in the military service and voluntarily takes an
oath that subjects him to the authority, jurisdiction and control
of the federal government under Title 10 of the United States
Code, the statutes governing the armed forces and the regulations
of the military service, thereby waiving his Constitutionally
guaranteed Rights in relation to dealings with the military
services; and further,
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4. That I, as a natural born free Sovereign inhabitant in
the united States of America, in the Republic of California, and
as a freeman, am endowed by my Creator with numerous
unalienable/inalienable Rights which include but are not limited
to my Rights to "life, liberty and the pursuit of happiness
(property)," which Rights are specifically identified in the
Magna Carta (1215) and the Declaration of Independence (1776),
and protected and secured by the Constitution for the united
States of America (1789) and the subsequent Bill of Rights,
Articles in Amendment 1 thru 10 (1791); that my birthright to
the "life, liberty and the pursuit of happiness" has been
interpreted by both the Framers of the Constitution and by the
U.S. Supreme Court to include my unalienable Right to contract,
to acquire, to deal in, to sell, rent, and exchange properties of
various kinds, real and personal, without requesting or
exercising any privilege or franchise from government; that I
have learned that these unalienable property Rights also include
my Right to contract for the exchange of my labor-property for
other properties and remuneration, such as wages, salaries, and
other earnings; that I have never knowingly, intentionally, or
voluntarily waived any of these unalienable Rights, nor can I,
John E. Trumane, be forced to waive any of these Rights granted
to me by God the Father, my Creator (see Brady v. U.S., 397 U.S.
742, 748 (1970)) because I am endowed with these Rights by my
Creator and by nobody else and nothing else; and further,
5. That I understand that, if the exercise of my Rights
were subjected to taxation, these same Rights could be destroyed
by increasing the tax rates to unaffordable levels; therefore,
courts have repeatedly ruled that government has no power
whatsoever to tax or otherwise "lien" against the exercise of any
Rights, particularly the Rights of Sovereign Citizens, as shown
by the U.S. Supreme Court in the case of Murdock v. Pennsylvania,
319 U.S. 105 (1943), which stated: "A state may not impose a
charge for the enjoyment of a Right granted by the Federal
Constitution."; that unalienable Rights are Rights against which
no lien can be established precisely because they are un-a-lien-
able; that America's founding documents enumerate some of my
unalienable Rights, none of which Rights I have ever waived
knowingly, voluntarily, and intentionally; that I freely choose
to obey all American Law and to pay all Lawful taxes in
jurisdictions which are applicable to me for the common good;
that I stand In Propria Persona with Assistance, Special; that
my status and unalienable Rights, as stated hereinafter and in
the foregoing, are not negotiable; and further,
6. That, for years past and at least since the year 1964,
I have been influenced by numerous cases of people going to jail
and being punished, and also by numerous and repeated public
warnings made by the FTB and by the IRS, via radio, television,
the printed press and other forms of public communication media,
warning of the "deadline" for filing State and Federal forms,
such as a "Form 1040 Income Tax Return" and/or other IRS forms
and documents; this therefore caused me to file said forms under
duress; and further,
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7. That, in addition to the aforesaid warnings, I have
also been influenced by the misleading and deceptive wording of
IRS publications and IRS-generated news articles, by the pressure
of widespread rumors and misinformed public opinion, and by the
advice and assurances of lawyers, C.P.A.'s and income tax
preparers which misled me to believe incorrectly that the 16th
Amendment to the Constitution for the united States of America
abolished the Fifth Amendment of that same Constitution and
authorized Congress to impose a direct tax on me, my property, my
exchanges of property and/or property received as a result of
exercising my Constitutionally secured Right to contract; that I
was further misled into believing that I had a legal duty and
obligation to file a "Form 1040 Income Tax Return" and other IRS
and FTB tax forms, schedules and documents, and that I was
unaware of Title 28, Section 1746 wherein there are two perjury
clauses: (1) one stating that you are without the "United States"
and (2) one stating that you are within the "United States",
respectively. The perjury clauses on both State and Federal tax
forms stipulate, under penalty of perjury, that I was stating
unknowingly that I was within the "United States." This is an
act of fraud by both State and Federal taxing agencies. And
further,
8. That I have also been further influenced, misled and
alarmed by rumors, by misinformed public opinion and by the
advice and assurances of lawyers, C.P.A.'s and income tax
preparers to the effect that "the IRS and the FTB will get you,"
and that it would be a crime punishable by fine and/or
imprisonment if I did not fill out, sign and file with the IRS a
"Form 1040"; that, in point of fact, the only person actually
named within the IRC as a person required to collect an income
tax, to file an income tax return and to pay an income tax is a
"Withholding Agent"; and that, to the best of my knowledge, I am
not now, nor have I ever been a "Withholding Agent"; and
further,
9. That, in addition to all of the reasons stated in
paragraphs 6, 7 and 8 above, I was influenced by the common and
widespread practice of employers who, either knowingly or
unknowingly, without Power of Attorney, misled me and their
employees to believe that they and I must have a Social Security
Number and that all are subject to the withholding of "income
taxes" from their earnings, either with or without their
permission, based upon the employers' possible mistaken
assumption that they, as employers, are required by law to
withhold "income taxes" from the paychecks of their employees,
which is contrary to the Sections 3402(n), 7343 and 7701(a)(16)
of the IRC, absent a voluntary execution of Form W-4, the
"Employee's Withholding Allowance Certificate"; and further,
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10. That I have also been mistakenly influenced and
mistakenly impressed by annual public displays and indiscriminate
public offerings by the IRS and the FTB of large quantities of
the Forms 1040 and 540 in banks, post offices, and through the
U.S. mail, which public displays and offerings also had the
effect of reminding me of, and inducing me to respond mistakenly
by filling out, signing and sending "Form 1040" to the IRS and
"Form 540" to the FTB; and further,
11. That said "Forms 1040" contained no reference to any
law or laws which would explain just exactly who is and who is
not subject to, or liable for, the income tax, State or Federal,
nor did it contain any notice or warning to anyone that merely
sending said completed "Form 1040" to the IRS would waive my
Right to privacy, as secured by the 4th Amendment to the U.S.
Constitution, and also waive my Right to not be a witness against
myself, as secured by the 5th Amendment to the U.S. Constitution,
and that a completed "Form 1040" would, in itself, constitute
legal evidence, admissible in a court of law, that the filer is
subject to and liable for the income/excise tax, even though and
regardless of the fact that I, as a free Sovereign natural born
Citizen (see 2:1:5, U.S. Constitution), am actually and legally
not subject to the statutory jurisdiction of Title 26, nor liable
for any income/excise tax, and regardless of the fact that, to
the best of my knowledge, I have no legal duty or obligation
whatsoever to complete and file any IRS "Form 1040" or any FTB
income tax forms, nor did they evidence Title 28 Section 1746(2);
and further,
12. That at no time was I ever notified or informed, by the
IRS or by the FTB, nor by any of their agents or employees, nor
by any lawyer, C.P.A., or tax preparer, of the fact that the 16th
Amendment to the U.S. Constitution, as correctly interpreted by
the U.S. Supreme Court in such cases as Brushaber v. Union
Pacific Railroad Co., 240 U.S. 1 (1916) and Stanton v. Baltic
Mining Co., 240 U.S. 103 (1916), identified the income tax as an
indirect excise tax in accordance with Article 1, Section 8,
Clause 1 of the United States Constitution; that the 16th
Amendment to the U.S. Constitution, as correctly interpreted by
the U.S. Supreme Court, does not authorize a tax on individuals
but is applicable to nonresident aliens (e.g. Frank R. Brushaber)
who involve themselves in activities, events or occupations which
come under, or are within, the taxing authority of the "United
States", as explained in Treasury Decision 2313, March 21, 1916;
that the 16th Amendment was never actually ratified nor could it
have been enacted into positive law because the requisite number
of States (i.e., 36) did not meet the lawful requirements for
amending the Constitution; and that a mass of incontrovertible
material evidence available since the year 1985 proves that the
act of "declaring" the 16th Amendment "ratified" was an act of
outright fraud by Secretary of State Philander C. Knox in the
year 1913; and further,
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13. That at no time was I ever notified or informed by the
FTB nor by the IRS, their agents or employees, nor by any lawyer,
C.P.A., or tax preparer, of the fact that, because of various
rulings of the U.S. Supreme Court in such cases as Flint v. Stone
Tracy Co., 220 U.S. 107 (1911), and Pollock v. Farmer's Loan and
Trust Co., 157 U.S. 492 (1895), the indirect excise tax on
incomes identified by the so-called 16th Amendment is also a tax
upon corporate privileges granted by government, which tax is
measured by the amount of corporate income (see Corporations Tax
Act, Statutes at Large, 1909, vol. XXXVI, section 38, page 112);
that this indirect excise tax is also imposed on the taxable
income of foreign corporations, and on the taxable income of
nonresident aliens to the extent this (latter) income is either
effectively connected with the conduct of a trade or business
within the corporate jurisdiction of the "United States", or
derived from sources within the corporate jurisdiction of the
"United States" although not effectively connected with the
conduct of trade or business within the corporate jurisdiction of
the "United States", according to Sections 871 and 872 of the
IRC; and further,
14. That my attention has been called to Report No. 80-19A,
entitled "Some Constitutional Questions Regarding the Federal
Income Tax Laws" published by the American Law Division of the
Congressional Research Service of the Library of Congress,
updated January 17, 1980; that this publication describes the
tax on "income" identified in the so-called 16th Amendment to the
U.S. Constitution as an indirect excise tax; that this report
stated: "The Supreme Court, in a decision written by Chief
Justice White, first noted that the 16th Amendment did not
authorize any new type of tax, nor did it repeal or revoke the
tax clauses of Article I of the United States Constitution,
quoted above.", and further stated: "Therefore, it can clearly
be determined from the decisions of the United States Supreme
Court that the income tax is an indirect tax, generally in the
nature of an excise tax ....", thus proving in my mind that the
"income tax" is not a tax on me as a free Sovereign natural born
Citizen (see 2:1:5, U.S. Constitution), but is, rather, an
indirect excise tax as described by the U.S. Supreme Court in
Flint v. Stone Tracy Co., 220 U.S. 107 (1911), wherein the high
Court defined excise taxes as "... taxes laid upon the
manufacture, sale, or consumption of commodities within the
country, upon licenses to pursue certain occupations, and upon
corporate privileges ....", none of which aforesaid
classifications apply to me; and further,
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15. That I was unaware of the truth of the rarely
publicized statement by the IRS that the "income" tax system is
based upon "voluntary compliance with the law and self-assessment
of tax"; that I was unaware before June of 1990 of a posted
notice in the main lobby of the Federal Building in San
Francisco, California outside the offices of the IRS, which
reads, in pertinent part, "The purpose of the Internal Revenue
Service is to ... encourage and achieve the highest degree of
voluntary compliance in accordance with the tax laws and
regulations."; that I was unaware before June of 1990 that Mr.
Roger M. Olsen, Assistant Attorney General, Tax Division,
Department of Justice, Washington, D.C., made the following
statement to an assemblage of tax lawyers on May 9, 1987: "We
encourage voluntary compliance by scaring the heck out of you.";
that it has never been either my intention nor my desire to
voluntarily self-assess an excise tax upon myself, nor to give up
my Right to property, nor to voluntarily subject myself to such
an excise tax; that I had always thought that compliance was
required by law; and further,
16. That I have examined Sections 871 thru 878, 1441, 1442,
1443, 3401(c), 6001, 6011, 6012(a), 6331(a), 7203, 7205 and 7343
of the IRC (Title 26 U.S.C.), and I am entirely convinced and
completely satisfied that I am not now, nor was I ever, any such
"person" or individual referred to by these sections; and
further,
17. That, after careful study of the IRC, and after
consultations on the provisions of that Code with informed
lawyers, tax accountants and tax preparers concerning the
provisions of the IRC, I have never found or been shown any
sections of the IRC that imposed any requirement on me as a free
Sovereign natural born Citizen and unprivileged inhabitant,
living and working within a County within a State of the Union,
to file a "Form 1040 Income Tax Return" or any other State income
tax form, or that imposed a requirement upon me to pay a tax on
"income", or that would classify me as a "person liable", as a
"person made liable", or as a "taxpayer" as the term "taxpayer"
is defined in 26 U.S.C. Section 7701(a)(14), which states: "The
term 'taxpayer' means any person subject to any internal revenue
tax."; and further,
18. That, after the study and consultations mentioned in
paragraph 17, the only mention of any possible requirement upon
me, as an individual, to pay a tax on "income", that I could
find, or was shown in 26 U.S.C., was the title of Part I under
Subtitle A, Chapter 1, Subchapter A (which is deceptively titled
"Tax on Individuals") and Section 6012(a), Subtitle F, Chapter
61-A, Part II-B, Subpart B, and the California Tax Statutes;
that a careful study and earnest examination of these parts of
the IRC revealed that the "individuals" to whom these sections
refer are, in fact, either individuals who work within a foreign
country like France and are taxed according to a tax treaty, or
they are nonresident aliens who receive income which is either
effectively connected with the conduct of a trade or business
within the corporate jurisdiction of the "United States", or
derived from sources within the corporate jurisdiction of the
"United States", although not effectively connected with the
conduct of trade or business within the corporate jurisdiction of
the "United States", according to Sections 871 and 872 of the
IRC; and that, to the best of my knowledge, I have never
conducted any trade or business within the corporate jurisdiction
of the "United States", nor have I ever derived income from
sources within the corporate jurisdiction of the "United States";
and further,
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19. That, after the study and consultations mentioned in
paragraph 17 above, my attention was called to the IRC, Chapter
21, entitled "Federal Insurance Contributions Act" (Social
Security), and my attention was also called to Subchapter A of
Chapter 21 entitled "Tax on Employees", which includes Section
3101, wherein the (Social Security) tax is identified as a tax on
"income", not as an "Insurance Contribution", not as a "Tax on
Employees", and not as a tax on wages or earnings; that my
attention was further called to these facts: there is no
provision in the IRC that imposes the tax on employees or
requires them to pay the tax; a voluntarily signed and completed
Form W-4, "Employee's Withholding Allowance Certificate", allows
an employer to withhold money from a worker's pay for (Social
Security) "income" tax, even though the worker has claimed on
that form to be "exempt" from the graduated "income" tax; and an
employer has no authority to withhold money from a worker's pay
for the (Social Security) "income" tax, for the graduated
"income" tax, nor for any IRS-imposed penalty or assessment if
there is no voluntarily signed "W-4" form in force and a Form
2678, Granting Power of Attorney; and further,
20. That, after the study and consultations described in
paragraph 17 above, my attention was called to Section 61(a) of
the IRC, which lists items that are sources of "income", and to
the following facts: that IRS Collections Summons Form 6638 (12-
82) confirms that these items are sources, not "income", by
stating that the following items are "sources": "wages,
salaries, tips, fees, commissions, interest, rents, royalties,
alimony, state or local tax refunds, pensions, business income,
gains from dealings in property, and any other compensations for
services (including receipt of property other than money).";
that sources are not "income", but sources become "income" if
they are entered as "income" on a signed "Form 1040", because the
signer affirms, under penalty of perjury (within the "United
States"), that the items entered in the "income" section of the
"Form 1040" are "income" to the signer; that Section 61(b)
clearly indicates which Sections of the IRC identify and list
items that are included in "income" by stating: "For items
specifically included in gross income, see Part II (sec. 71 and
following)"; and further,
21. That my attention was then called to the said Part II
entitled: "Items Specifically Included in Gross Income"; that I
studied sections 71 thru 87 and noticed that wages, salaries,
commissions, tips, interest, dividends, pensions, rents,
royalties, etc., are not listed as being included in "income" in
those Sections of the IRC; and that, in fact, those items are
not mentioned anywhere in any of these sections of the IRC; and
further,
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22. That, after further diligent study, it appears entirely
clear to me that the only way that property received by me as a
free Sovereign natural born Citizen (see 2:1:5, U.S.
Constitution), living and working within the States of the Union,
in the form of wages, salaries, commissions, tips, interest,
dividends, rents, royalties and/or pensions could be, or could
have been legally considered to be "income", is if I voluntarily
completed and signed a "Form 1040 Income Tax Return", thereby
affirming, under penalty of perjury (within the "United States"),
that the information on such "Form 1040" was true and correct,
and that any amounts listed on the "Form 1040" in the "income"
block were "income", and thereby acknowledging under oath or
affirmation, that I am, or was, a taxpayer subject to the tax and
have, or had, a duty to file a "Form 1040 Income Tax Return"
and/or other IRS forms, documents and schedules, none of which
instruments I have ever signed with the understanding that I
signed them knowingly, voluntarily, and intentionally and by
means of knowingly intelligent acts done with sufficient
awareness of all the relevant circumstances and likely
consequences (see Brady v. United States, 397 U.S. 742 at 748
(1970)); and that, when I have sent in State and Federal tax
forms purposely not signed, they were returned to me with a
letter instructing and stipulating that I must sign the forms
under the penalty of perjury, thereby claiming that I was a
"United States person" due to the wording of the perjury clause
(Title 28 U.S.C. 1746(2)); and further,
23. That, with good faith, with an honest reliance upon the
aforementioned U.S. Supreme Court rulings and with reliance upon
my constitutionally protected Natural Common Law Bill of Rights,
Amendments 1 thru 10 (1791), to lawfully contract, to lawfully
work and to lawfully acquire and possess property, I am convinced
and satisfied that I am not now, nor was I ever subject to,
liable for, or required to pay an income/excise tax; that I am
not now, nor have I ever been a "taxpayer", and there has never
been a Judicial Power proceeding in which it was ruled that I was
a "taxpayer" as that term is defined and used in the IRC; and
that I have never had any legal duties or obligations whatsoever
to file any "Form 1040" or to make any "income tax return", or to
sign or submit any other IRS "individual" forms or documents or
schedules, to pay any "individual" income tax, to keep any
personal financial records, or to supply any personal information
to the IRS; and further,
24. That the U.S. Congress, the International Monetary
Fund, the Federal Reserve Banks and the Internal Revenue Service,
by means of vague, deceptive and misleading words and statements
in the IRC, in the Code of Federal Regulations (CFR), in official
statements by IRS Commissioners in the Federal Register, in IRS
publications and in IRS-generated news articles, committed
constructive fraud and misrepresentation by misleading and
deceiving me, as well as the general public, into believing that
I was required to file "Form 1040 Income Tax Returns" and other
IRS forms, documents and schedules and that I was also required
to keep records, to supply information and to pay income taxes;
and further,
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25. That, by reason of the aforementioned facts, I do
hereby exercise my Rights as a free Sovereign natural born
Citizen (see 2:1:5, U.S. Constitution), upheld by various court
decisions, to rescind, to cancel and to render null and void,
Nunc Pro Tunc, both currently and retroactively to the time of
signing, based upon the constructive fraud and misrepresentation
perpetrated upon me by the Federal government, the U.S. Congress,
the IRS, the "State of California", its Franchise Tax Board
(FTB), all IRS and FTB forms, statements, documents, returns,
schedules, contracts, licenses, applications, articles,
certificates and/or commercial agreements ever signed and/or
submitted by me, or on my behalf by third parties (including but
not limited to Forms 1040 and attached schedules, Forms W-2,
Forms W-4, and Forms 1099) on the accounts bearing the account
numbers xxx-xx-xxxx, yy-yyyyyyy, and zz-zzzzzzz, and all my
signatures on any and all of the aforementioned items, including
the original "Social Security" application, which caused the
account bearing the account number xxx-xx-xxxx to be established;
that this notice of rescission is based upon my Rights with
respect to constructive fraud and misrepresentation as
established in, but not limited to, the cases of Tyler v.
Secretary of State, 184 F.2d 101 (1962) and also El Paso Natural
Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979), which
stated: "Constructive fraud as well as actual fraud may be the
basis of cancellation of an instrument."; and further,
26. That I do hereby declare that I am not and never was a
"taxpayer" as that term is defined in the IRC, a "person liable"
for any internal revenue tax, or a "person" subject to the
provisions of the IRC, and I do hereby declare that I am, and
have always been, a "nontaxpayer"; that courts have recognized
and acknowledged that individuals can be nontaxpayers, "... for
with them Congress does not assume to deal and they are neither
the subject nor the object of revenue laws ....", as stated in
the cases of Long v. Rasmussen, 281 F. 236 (1922), De Lima v.
Bidwell, 182 U.S. 1, 176-179 (1901), and Gerth v. United States,
132 F. Supp. 894 (1955); and further,
27. That evidence now available to me proves that the
Internal Revenue Service has to date failed to comply with the
clear and unambiguous requirements imposed on all federal
government agencies by the following Congressional statutes: the
Federal Register Act (44 U.S.C. 1501 et seq.), the Administrative
Procedures Act (5 U.S.C. 551 et seq.), and the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.); that the IRS failure to
comply with the requirements of these statutes constitutes
further constructive fraud, breach of fiduciary trust between
sovereign Citizens and public servants, and violations of the
solemn oaths of office required of federal government officials,
thereby relieving me of any and all legal duties which could or
might otherwise exist for me to file any returns, schedules, or
other documents with the IRS; and that, after having read these
three statutes and summaries of related case law, I thereby
conclude that there is no reason why the IRS would be exempt from
any of the clear and unambiguous requirements imposed upon
federal government agencies by these three statutes,
notwithstanding any and all allegations to the contrary that
heretofore may have been published by the IRS or the Treasury
Department in the Federal Register without also citing the proper
legal authorities, if any, for such allegations; and further,
Rescission Documents of John E. Trumane:
Page 11 of 29
28. That recent diligent studies have convinced me of the
above, and that as such I am not "subject to" the territorially
limited "exclusive legislation" nor to the foreign jurisdiction
mandated for the District of Columbia, federal enclaves, federal
territories, and federal possessions by Article 1, Section 8,
Clauses 17 and 18 and Article 4, Section 3, Clause 2 of the U.S.
Constitution, including its "domestic" governmental organizations
therein (hereinafter referred to as the "Federal Legislative
Democracy" and elsewhere referred to in this Affidavit as the
"corporate jurisdiction of the United States"); that I am not
"subject to" this foreign jurisdiction by reason of any valid
contract or any valid commercial agreement resulting in adhesion
thereto across America, nor are millions of other American
Citizens, unless they have provided "waivers of rights guaranteed
by the Constitution" by means of "knowingly intelligent acts,"
such as contracts or commercial agreements with such
government(s) "with sufficient awareness of the relevant
circumstances and likely consequences," as ruled by the U.S.
Supreme Court in Brady v. U.S., 397 US 742 at 748 (1970); and
that I myself have given no such "waivers"; and further,
29. That these same diligent studies have also proved to me
that misrepresentation and a shrewd and criminal constructive
fraud have been perpetrated upon Sovereign American Citizens by
government, under counterfeit "color of law," through the
apparent entrapments of "certain ACTIVITIES (monopoly
occupations) and PRIVILEGES (other benefits)" allowed by
statutory acts or otherwise; that, by reason of American Law
which has never been repealed, such sources of past and present
criminal element in and behind government should be brought to
justice in a Constitutional Court of Law for aiding and abetting
this misrepresentation and constructive fraud as willing
accomplices; that it is for such a Court, with a 12-member jury
of peers, to decide who is and who is not guilty among personnel
of government, media, schools, lawyers, accountants, clergy and
other purveyors of misinformation and other mind-set propaganda,
in this and related regards; and further,
Rescission Documents of John E. Trumane:
Page 12 of 29
30. That, due to such shrewd entrapments over the years, I
have unwittingly signed many related documents, contracts, and
commercial agreements, some even under the "perjury" jurat
(within the "United States") as was supposedly required; with
American Law on my side, I hereby rescind and cancel any and all
such signatures and render them null and void, except for those
which I may choose to have considered as being under "TDC"
(Threat, Duress and/or Coercion), past and present; that this is
also my lawful notice that all such signatures of mine in the
future on instruments of government or other entities, including
banks, which might otherwise result in contract adhesion, are to
be considered as being under "TDC", whether appearing therewith
or otherwise; that my Constitutional "Privileges and Immunities"
(per Article 4, Section 2) are apart from those mandated for the
Federal Legislative Democracy by Article 1, Section 8, Clauses 17
and 18 and by Article 4, Section 3, Clause 2, and shall not by
Law be violated ever; and that my status, in accord, is stated
for all to see and know in 2:1:5, 1:2:3, 4:2:1 and 3:2:1 of the
Constitution for the united States of America. And further,
31. That, with this accurate knowledge and with "the
supreme Law of the Land" (Article 6, Section 2) again on my side,
I do Lawfully and "squarely challenge" the fraudulent, usurping,
octopus-like authority and jurisdiction cited above in paragraph
28, which authority and jurisdiction do not apply to me (see
Hagans v. Lavine, 415 U.S. 528 at 533); it is, therefore, now
mandatory for any personnel of the Federal Legislative Democracy
or its agents to FIRST PROVE its "jurisdiction," if any, over me
before any further procedures can take place in my regard, per
Title 5 United States Code, "Government Organization and
Employees," Section 556(d), specifically by disclosing in writing
any and all contracts or other commercial agreements whereby the
Federal Legislative Democracy and its agents claim to have
obtained controlling interest in me such that my specific
performance to any third party debt or obligation can be
compelled; OR ELSE any of its personnel and accomplices who
willfully violate this statute can and shall be personally
charged as citizens under Title 18 (U.S. Criminal Code) Sections
241, 242, 1001 and/or otherwise; and, in fairness, it must be
added that, to my knowledge, IRS agents have NO written lawful
"Delegation of Authority" within the 50 Union States and their
so-called "Form 1040" appears to be a bogus and bootleg document
on its face; and further,
32. That, with all of the above in mind, it appears that
this free Sovereign natural born California Citizen is, by Law,
as "foreign" and as much a "nonresident alien" with respect to
the Federal Legislative Democracy as he is to France, and thus
shall be free to use related Forms of the Federal Legislative
Democracy if and when they might be needed, required and/or
appropriate at various future times and places yet to be
determined (see paragraphs 12, 13 and 18 above), including but
not limited to Form W-8 ("Certificate of Foreign Status" and its
permitted substitutes) for banks and/or other financial
institutions, Forms 1040X ("Amended U.S. Individual Income Tax
Return") and 1040NR ("U.S. Nonresident Alien Income Tax Return")
for refunds and for correcting the administrative record, and IRC
Section 3402(n) which authorizes certificates of exemption from
withholding in lieu of Form W-4; and further,
Rescission Documents of John E. Trumane:
Page 13 of 29
33. That, since my date of birth on September 21, 1947, I
have always been a NONRESIDENT ALIEN with respect to the Federal
Legislative Democracy of the "United States", never having
resided, worked, nor having any income, to the best of my
recollection, from any sources within the District of Columbia,
Puerto Rico, Virgin Islands, Guam, American Samoa, Northern
Mariana Islands, the Trust Territory of the Pacific Islands or
any other territory or possession within the "United States",
which entity obtains its exclusive legislative authority and
jurisdiction from Article 1, Section 8, Clauses 17 and 18 and
Article 4, Section 3, Clause 2 of the U.S. Constitution; that I
have always been a non-taxpayer outside the venue and
jurisdiction of Title 26, United States Code; that, to the best
of my knowledge, I have never had any "U.S. trade or business" as
defined in Title 26 and in 26 C.F.R.; that, to the best of my
knowledge, I have never had any "gross income" from any U.S.
sources, as the term "gross income" is defined in 26 U.S.C.
872(a); and further
34. That my use of IRS Forms 1040X and 1040NR shall be
presumed to mean that they were filed solely to correct the
administrative record permanently, retroactively to September 21,
1947, so as to claim any lawful refunds that may be due, to rebut
any erroneous presumptions and/or terminate any erroneous
elections of U.S. "residence" which may have been established in
error by the filing of any prior IRS forms, schedules and other
statements by mistakes resulting in part from the demonstrable
vagueness that is evident in Title 26 and its regulations, and by
mistakes resulting also from the constructive fraud and
misrepresentation mentioned throughout this Affidavit; that I
was neither born nor naturalized in the "United States", I have
never been subject to its jurisdiction, and I have never been a
"United States citizen" as defined in the 1866 Civil Rights Act
and as vaguely defined in 26 C.F.R. 1.1-1(c) and in the so-called
14th Amendment to the U.S. Constitution; and further,
35. That the federal government has committed fraud, duress
and coercion, exercised undue influence, and evidenced unlawful
menace against the American people by representing the so-called
14th Amendment as a lawfully ratified amendment to the
Constitution for the United States of America, when contrary
proof, published court authorities and other competent legal
scholars have now established that it was NOT lawfully ratified.
(See State v. Phillips, 540 P.2d 936 (1975); Dyett v. Turner,
439 P.2d 266 (1968); Congressional Record for June 13, 1967 (see
pages 15641 et seq.); 28 Tulane Law Review 22; and 11 South
Carolina Law Quarterly 484.) And further,
Rescission Documents of John E. Trumane:
Page 14 of 29
36. That I am not now, nor have I ever knowingly,
intentionally and voluntarily, with informed consent, entered
into any personal, internal, public or private agreement,
contract, stipulation, account or similar contrivance with the
"United States", the "Federal Government" or the "District of
Columbia", its territories, its agencies or other property
appurtenant thereto, which would have altered or waived my de
jure, Sui Juris status, or my natural unalienable God-given
natural Rights; that any such agreement, contract, expressed or
implied, such as a Social Security number and application, or
Driver's License, or Bank Signature Card, or the use of Federal
Reserve Notes (which are not lawful Specie) etc., have all been
hereby rescinded, due to the fraudulent withholding of material
facts, which became a snare and a trap and, as such, are a Bill
of Attainder on this free Sovereign natural born Citizen and
inhabitant in the united States of America, for I cannot become a
nexus by the effect of a fraudulent nexum, because my status and
unalienable natural Rights are not negotiable, and the
government, both State and Federal, has not proved that they ever
had jurisdiction to change my status, as required by Title 5
U.S.C. Section 556(d), or as defined and set out as a
Constitutional requirement in Hagans v. Lavine, 415 U.S. 528, 533
(see also Brady v. United States, 397 U.S. 742 at 748 (1970));
that any change of status would lawfully have to take place in a
Common Law (judicial power) court under the due process clause of
the 5th Amendment to the U.S. Constitution; and further,
37. That this is to certify that I, John E. Trumane, am a
free Sovereign natural born Citizen and inhabitant in the united
States of America, domiciled in the California Republic, living
and working in Marin County, living under the Common Law, having
assumed, among the powers of the Earth, the Separate and Equal
Station to which the Laws of Nature and Nature's God entitles me,
in order to secure the Blessings of Liberty to Myself and my
Posterity, and in order to re-acquire the Birthright that was
taken from me by fraud, do hereby asseverate and rescind all
feudatory contracts with the Federal government and its agencies
and with the corporate State of California and its agencies, for
I, John E. Trumane, being of sound mind and body, do not choose,
nor have I ever chosen, to give up, relinquish or otherwise waive
any of my God-given, natural, Constitutionally secured Rights by
means of knowingly intelligent acts done with sufficient
awareness of the relevant circumstances and likely consequences;
and further,
38. That my use of the phrase "WITH EXPLICIT RESERVATION OF
ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)" above
my signature on this document indicates: (1) that I explicitly
reject any and all benefits of the Uniform Commercial Code,
absent a valid commercial agreement which is in force and to
which I am a party, and cite its provisions herein only to serve
notice upon ALL agencies of government, whether international,
national, state or local, that they, and not I, are subject to,
and bound by, all of its provisions, whether cited herein or not;
(2) that my explicit reservation of Rights has served notice upon
ALL agencies of government of the "Remedy" they must provide for
me under Article 1, Section 207 of the Uniform Commercial Code,
whereby I have explicitly reserved my Common Law Right not to be
compelled to perform under any contract or commercial agreement,
that I have not entered into knowingly, voluntarily, and
intentionally; (3) that my explicit reservation of Rights has
served notice upon ALL agencies of government that they are ALL
limited to proceeding against me only in harmony with the Common
Law and that I do not, and will not accept the liability
associated with the "compelled" benefit of any unrevealed
commercial agreements; and (3) that my valid reservation of
Rights has preserved all my Rights and prevented the loss of any
such Rights by application of the concepts of waiver or estoppel.
And further,
Rescission Documents of John E. Trumane:
Page 15 of 29
39. That I reserve my unalienable Right to amend this
Affidavit at times and places of my own choosing, according as
new facts and revelations are made available to me at various
future times and places as yet unknown to me, and as yet to be
determined by me, given the massive fiscal fraud which has now
been sufficiently revealed to me by means of material and other
reliable evidence which constitutes satisfactory and
incontrovertible proof of the fraud to which I refer in this
paragraph and elsewhere in this Affidavit. And further,
40. That I affirm under penalty of perjury, under the laws
of the United States of America, without the "United States",
that the foregoing is true and correct, to the best of my
knowledge, information and believe, per 28 U.S.C. 1746(1); and
Further This Affiant saith not.
Subscribed and affirmed to Nunc Pro Tunc on the date of my
majority, which day was September 21, 1968.
Subscribed, sealed and affirmed to this 31th day of March, 1990,
Anno Domini.
I now affix my own signature to all of the above affirmations
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE
UCC 1-207 (UCCA 1207):
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by special Appearance, In
Propria Persona, proceeding Sui Juris, with Assistance, Special,
with explicit reservation of all my unalienable Rights and
"Without Prejudice" to any of my unalienable Rights.
John E. Trumane
c/o general delivery
San Rafael, California Republic
zip code exempt (DMM 122.32)
Rescission Documents of John E. Trumane:
Page 16 of 29
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this 29th day of March, 1990, John E. Trumane did
personally appear before me, and is known to be the one described
in, and who executed, the foregoing instrument, and acknowledged
that he executed the same as his free act and deed as a
Citizen/Sovereign in this above named said State of the Union.
Purpose of notary is for identification only, and not for
entrance into any foreign jurisdiction.
_____________________________________
Notary Public
Rescission Documents of John E. Trumane:
Page 17 of 29
Assessor's Parcel:
#xxx-xxx-xx a/k/a
xxxxxxxxxxxxxxxx
County of Marin
California Republic
united States of America
After recording mail to:
John E. Trumane
c/o general delivery
San Rafael, California Republic
zip code exempt (DMM 122.32)
_________________________________________________________________
space above for County Recorder
REAL PROPERTY PUBLIC NOTICE
AND
NOTICE OF COMMON LAW LIEN
IN FAVOR OF OWNER/BUILDER
PUBLIC NOTICE IS HEREBY GIVEN to all concerned parties, now and
until further written notice recorded by the Undersigned in the
same manner as this PUBLIC NOTICE, that:
1. Whereas the improved real property described elsewhere
in Marin County records as Assessor's Parcel (A/P) #xxx-xxx-xx is
free and clear of any and all federal tax liens and, for all the
reasons stated hereinafter, remains free and clear of any and all
federal tax liens until and unless the Undersigned OWNER/BUILDER,
John E. Trumane (hereinafter OWNER/BUILDER), a natural born free
man and a Citizen of the California Republic, consents to such a
lien, in writing, by means of his authorized signature on said
lien; and
2. Whereas federal income taxes have always been voluntary
(i.e. optional) for the Undersigned OWNER/BUILDER as a Citizen of
the California Republic, for all the reasons as stated in the
attached NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
RESCISSION AFFIDAVIT (see attached EXHIBIT "A") which is
incorporated herein and made an explicit part of this NOTICE by
reference, and for all the reasons as stated in the several
notarized affidavits now on file in the case of People v. Boxer,
Case No. S-030016, filed December 4, 1992 with the Clerk, Supreme
Court of California, 303 Second Street, Eighth Floor, San
Francisco, California; and
Rescission Documents of John E. Trumane:
Page 18 of 29
3. Whereas all agents and other employees of the Internal
Revenue Service have NO delegated authority to record a federal
tax lien on A/P #xxx-xxx-xx, among other reasons because such
delegations of authority are required by Title 5 of United States
Codes to be duly published in the Federal Register and because
such delegations of authority have NOT been duly published in the
Federal Register, and because said improved real property is
situated on a parcel of land which is outside ("without") the
exclusive territorial jurisdiction of the "United States" which
is, for purposes of private international law (a/k/a "conflict of
laws"), a corporation domiciled in the District of Columbia and
conducting business in a colorable fashion by means of its
traffic in commercial paper otherwise known as "Federal Reserve
Notes" and other instruments which colorably evidence federal
government indebtedness; and
4. Whereas said "United States" is officially bankrupt as
evidenced by recent public statements to that effect by
Congressman James A. Traficant, who confirmed in a televised
interview on the evening of March 17, 1993, that the United
States Congress are now the TRUSTEES IN RECEIVERSHIP for said
"United States", and as evidenced by a bogus federal debt which
is fraudulently secured by federal government securities (i.e.
bonds) purchased by the private banks of the Federal Reserve
System with "money" and "credit" which they created out of thin
air, by means of mere bookkeeping entries and without payment of
any lawful consideration; and
5. Whereas said bankruptcy of the "United States" actually
dates from the year 1933 Anno Domini, at which time the foreign
stockholders of the Federal Reserve System foreclosed on said
"United States" secretly and fraudulently, so as to impose the
appearance of a permanent state of emergency on the land, labor
and other assets of the American People, in order to create the
appearance of a lawful justification for the fraudulent
collection tactics of the Internal Revenue Service and the
fraudulent revolving hypothecation of colorable government
obligations to the banks of the private corporation known as the
Federal Reserve System, to the benefit of the foreign
stockholders of said Federal Reserve banks; and
6. Whereas said Internal Revenue Service, acting in its
capacity as the collection agency for the banks of said Federal
Reserve System and acting on behalf of the foreign stockholders
of said banks, is not a service to the federal government, and it
is not a service to the American People, of whom the Undersigned
OWNER/BUILDER is a member in good standing by virtue of birth and
hereditary succession, and whose fundamental property Rights,
substantive Rights, and procedural Rights are guaranteed de jure
by the Constitution for the United States of America (1789) as
lawfully amended, and the organic California Constitution (1849)
as lawfully amended, which together constitute the Supreme Law of
this Land, even today, notwithstanding any and all de facto
government representations to the contrary; and
Rescission Documents of John E. Trumane:
Page 19 of 29
7. Whereas, since the month of December, 1990 Anno Domini,
said OWNER/BUILDER has personally invested a minimum of five
thousand (2,000) hours of unpaid physical labor on improvements
to A/P #xxx-xxx-xx, at a par value of one-half ounce of fine gold
per hour, as monetized in the year 1990 Anno Domini by a
"Liberty" coin minted by the United States of America and
denominated "1/2 OZ. FINE GOLD -- 25 DOLLARS, MCMLXXXVI", thereby
resulting in a superior and lawful interest in A/P #xxx-xxx-xx
equivalent to 2,500 ounces of fine gold in favor of said
OWNER/BUILDER, notwithstanding any and all colorable claims which
may be made against said A/P by "persons" other than said
OWNER/BUILDER and his immediate family (see definition of
"person" at 26 U.S.C. 7701(a)(1));
8. Whereas Article IV of the organic California
Constitution of 1849 contains the following explicit provisions:
Sec. 34. The legislature shall have no power to pass any
act granting any charter for banking purposes; but
associations may be formed, under general laws, for the
deposit of gold and silver; but no such association shall
make, issue, or put into circulation, any bill, check,
ticket, certificate, promissory note, or other paper, or the
paper of any bank, to circulate as money.
Sec. 35. The legislature of this state, shall prohibit, by
law, any person or persons, association, company or
corporation from exercising the privileges of banking, or
creating paper to circulate as money.
[emphasis added]
WHEREFORE the Undersigned OWNER/BUILDER hereby affirms under
penalty of perjury, under the laws of the United States of
America, without the "United States", that the Internal Revenue
Service is hereby permanently barred at Law, in equity, in
admiralty, and in all other lawful and legal jurisdictions which
may exist now or at any time in the future, from recording any
and all federal tax liens on the improved real property described
elsewhere in Marin County records as A/P #xxx-xxx-xx, until such
time as one or the other of the following two (2) events occurs:
(1) said OWNER/BUILDER consents to such lien in writing,
having elected to be treated as a "resident" of the "United
States", as those terms are defined in 26 United States Codes and
26 Code of Federal Regulations, and having volunteered knowingly
and intentionally to become a surety for the federal debt of the
bankrupt "United States" by means of a valid commercial agreement
which is executed in the form of IRS Form 1040A, a/k/a Office of
Management and Budget (OMB) Control Number 1545-0085, and which
is completed with explicit reservation of all Rights, without
prejudice to any Rights (per Article 1, Section 207 of the
Uniform Commercial Code), and in strict conformance to the rules
published in the Code of Federal Regulations for Titles 26 and 27
of the United States Codes; -or-
Rescission Documents of John E. Trumane:
Page 20 of 29
(2) said OWNER/BUILDER knowingly, voluntarily and
intentionally relinquishes all lawful right, title and interest
in said A/P #xxx-xxx-xx by selling and thereby conveying said
right, title and interest to a qualified buyer by means of an
acceptable offer at "arm's length", satisfactory performance of
all terms of said offer, and acknowledged receipt of lawful
consideration (or mutually acceptable substitutes with explicit
reservation of all Rights), which receipt shall be documented in
writing for all to see and to know.
In the event of OWNER/BUILDER's death, all such right, title
and interest then retained by OWNER/BUILDER shall transfer to
surviving family members or, if no family members then survive,
to the National Commodity and Barter Association, headquartered
in Longmont, Colorado, c/o USPS Post Office Box 2255, Longmont,
Colorado Republic, for disposition at the discretion of its then
current Director.
SO LET IT BE KNOWN that the Undersigned OWNER/BUILDER hereby
explicitly reserves the absolute Rights to alter or amend this
NOTICE and COMMON LAW LIEN at the times and places of his
choosing, at his sole and exclusive discretion.
Dated: March 29, 1990
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, OWNER/BUILDER, Sovereign California Citizen and
Principal, by special Appearance, In Propria Persona, proceeding
Sui Juris, with Assistance Special, with explicit reservation of
all his unalienable rights and without prejudice to any of his
unalienable rights
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this 29th day of March, 1990 Anno Domini, John E. Trumane
did personally appear before me, and is known to be the one
described in, and who executed, the foregoing instrument, and
acknowledged that he executed the same as his free act and deed
as a Sovereign State Citizen in this above named said State of
the Union. Purpose of notary is for identification only, and not
for entrance into any foreign jurisdiction.
_____________________________________
Notary Public
Rescission Documents of John E. Trumane:
Page 21 of 29
Exhibit "A":
Nunc Pro Tunc Estoppel at Law
and
Public Notice Rescission Affidavit
(see attached)
Rescission Documents of John E. Trumane:
Page 22 of 29
c/o general delivery
San Rafael, California Republic
Postal Zone 94901/tdc
April 30, 1992
Jury Commissioner
Marin County
Hall of Justice
Civic Center
San Rafael, California Republic
Dear Commissioner:
I have received from you in today's mail a postcard entitled
"Summons for Jury Duty".
By what means did you obtain the following address, and what
specific lawful authority empowers you to issue a "summons" to
the following?
xxxxxx xxxxx-xxxxx
Trumane, John E.
general delivery
San Rafael CA 94912
Please note that this address information is incorrect. In all
future correspondence, please correspond to me via the return
address shown at the top of this letter. Do not abbreviate the
California Republic by using the federal designation "CA".
Please be advised that there is a considerable mass of case law
which states that, when jurisdiction is challenged in writing, it
must be answered in writing.
If I do not hear from you within sixty (60) calendar days of the
above date, I will assume that you have no lawful authority to
"summon" me for jury duty, and that you have deleted the above
incorrect address from your records.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
Rescission Documents of John E. Trumane:
Page 23 of 29
John E. Trumane
c/o general delivery
Marin County
San Rafael, California Republic
united States of America
FOREIGN STATUS AFFIDAVIT
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
PREAMBLE
The following Affidavit of Foreign Status is a public notice
to all interested parties concerning the Affiant's "birthrights"
and his "status" as an "AMERICAN INHABITANT", as that status
would apply with respect to the American States (the 50
independent States of the Union) and also with respect to the
"United States", as follows:
1. The Affiant, John E. Trumane, was born a Sovereign in
Massachusetts, which is one of the sovereign States of the Union
of several States joined together to comprise the confederation
known as the united States of America. He is, therefore, a
"nonresident alien" individual with respect to the "United
States", which entity obtains its exclusive legislative authority
and jurisdiction from Article 1, Section 8, Clause 17 and Article
4, Section 3, Clause 2 of the Constitution for the united States
of America. The Affiant's parents were Sovereigns also, born in
sovereign States of the Union. As the progeny of Sovereign
people, the Affiant was born "... one of the sovereign people
.... A constituent member of the sovereignty synonymous with the
people.", Scott v. Sanford, 19 How. 404. The Affiant is alien to
so-called 14th Amendment "United States" citizenship, and also
nonresident to so-called 14th Amendment State residency, and
therefore he is a "nonresident alien" with respect to both. As a
Sovereign whose Citizenship originated in Massachusetts by birth,
and who has remained intact in California since the year 1952,
the Affiant is also a foreigner (alien) with respect to the other
49 States of the Union and with respect to the "United States".
As a consequence of his birth, the Affiant is an "American
Inhabitant"; and further,
2. The Affiant, to the best of his informed knowledge, has
not entered into any valid agreements of "voluntary servitude";
and further,
3. The Affiant is a "NONRESIDENT ALIEN" with respect to
the "United States", as that term is defined and used within the
Internal Revenue Code (Title 26, United States Codes), and/or
Title 27 U.S.C., and with respect to the rules and regulations
promulgated thereunder as follows:
Rescission Documents of John E. Trumane:
Page 24 of 29
The Internal Revenue Code, Title 26, and/or Title 27, United
States Codes, and associated federal regulations, clearly and
thoroughly make provision for Americans born and living within
one of the 50 Sovereign States of America, to wit:
Section 1.871-4 Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence
shall govern in determining whether or not an alien
within the United States has acquired residence therein
for purposes of the income tax.
(b) Nonresidence presumed. An alien by reason of his
alienage, is presumed to be a nonresident alien.
[26 CFR 1.871-4]
and further,
4. The Affiant was not born or naturalized in the "United
States", consequently he is not a "citizen of the "United States"
nor a "United States citizen", as those terms are defined and
used within the Internal Revenue Code (26 U.S.C.) and/or 27
U.S.C. and the rules and regulations promulgated thereunder;
and, therefore, he is not subject to the limited, exclusive
territorial or political jurisdiction and authority of the
"United States" as defined.
The "United States" is definitive and specific when it
defines one of its citizens, as follows:
Section 1.1-1
(c) Who is a citizen. Every person born or naturalized in
the United States and subject to its jurisdiction is a
citizen.
[26 CFR 1.1-1(c)]
5. The Affiant is not a "citizen of the United States" nor
a "United States citizen living abroad", as those phrases are
defined and used in the Internal Revenue Code (26 U.S.C.) and/or
27 U.S.C. and the rules and regulations promulgated thereunder;
and further,
6. The Affiant is not a "resident alien residing within
the geographical boundaries of the United States", as that phrase
is defined and used in the Internal Revenue Code (26 U.S.C.)
and/or 27 U.S.C. and the rules and regulations promulgated
thereunder; and further,
Rescission Documents of John E. Trumane:
Page 25 of 29
7. The Affiant is not a "United States person", a
"domestic corporation", "estate", "trust", "fiduciary" or
"partnership" as those terms are defined and used within the
Internal Revenue Code (26 U.S.C.) and/or 27 U.S.C. and the rules
and regulations promulgated thereunder; and further,
8. The Affiant is not an "officer", "employee" or "elected
official" of the "United States", of a "State" or of any
political subdivision thereof, nor of the District of Columbia,
nor of any agency or instrumentality of one or more of the
foregoing, nor an "officer" of a "United States corporation", as
those terms are defined and used within the Internal Revenue Code
(26 U.S.C.) and/or 27 U.S.C. and the rules and regulations
promulgated thereunder; and further,
9. The Affiant receives no "income" or "wages with respect
to employment" from any sources within the territorial
jurisdiction of the "United States" and does not have an "office
or other fixed place of business" within the "United States" from
which the Affiant derives any "income" or "wages" as such, as
those terms and phrases are used and defined within the Internal
Revenue Code (26 U.S.C.) and/or 27 U.S.C. and the rules and
regulations promulgated thereunder; and further,
10. The Affiant has never engaged in the conduct of a
"trade or business" within the "United States", nor does the
Affiant receive any income or other remuneration effectively
connected with the conduct of a "trade or business" within the
"United States", as those terms are defined and used within the
Internal Revenue Code (26 U.S.C.) and 27 U.S.C. and the rules and
regulations promulgated thereunder; and further,
11. The Affiant receives no "income", "wages", "self-
employment income" or "other remuneration" from sources within
the "United States", as those terms are defined and used in the
Internal Revenue Code (26 U.S.C.) and/or 27 U.S.C. and the rules
and regulations promulgated thereunder. All remuneration paid to
the Affiant is for services rendered outside (without) the
exclusive territorial, political and legislative jurisdiction and
authority of the "United States"; and further,
12. The Affiant has never had an "office" or "place of
business" within the "United States", as those terms are defined
and used in the Internal Revenue Code (26 U.S.C.) and/or 27
U.S.C. and the rules and regulations promulgated thereunder; and
further,
13. The Affiant has never been a "United States employer",
nor "employer", nor "employee" which also includes but is not
limited to an "employee" and/or "employer" for a "United States"
"household", and/or "agricultural" activity, as those terms are
defined and used in the Internal Revenue Code (26 U.S.C.) and/or
27 U.S.C. and the rules and regulations promulgated thereunder;
and further,
Rescission Documents of John E. Trumane:
Page 26 of 29
14. The Affiant has never been involved in any "commerce"
within the territorial jurisdiction of the "United States" which
also includes but is not limited to "alcohol", "tobacco" and
"firearms" and Title 26, Subtitle D and E excises and privileged
occupations, as those terms are defined and used in the Internal
Revenue Code (26 U.S.C.) and/or 27 U.S.C. and the rules and
regulations promulgated thereunder; and further,
15. The Affiant has never been a "United States"
"withholding agent" as those terms are defined and used in the
Internal Revenue Code (26 U.S.C.) and/or 27 U.S.C. and the rules
and regulations promulgated thereunder; and further,
16. The Affiant had no liability for any type, kind or
class of Federal Income Tax in past years, and was and is
entitled to a full and complete refund of any amounts withheld,
because any liability asserted and amounts withheld were premised
upon a mutual mistake of fact regarding the Affiant's status.
The Affiant has never knowingly, intentionally, and voluntarily
changed his Citizenship status nor has he ever knowingly,
intentionally, and voluntarily elected to be treated as a
"resident" of the "United States"; and further,
17. The Affiant, to the best of his current knowledge, owes
no "tax" of any type, class or kind to the "United States" as
those terms are defined and used in the Internal Revenue Code (26
U.S.C.) and/or 27 U.S.C. and the rules and regulations
promulgated thereunder; and further,
18. The Affiant anticipates no liability for any type,
class or kind of federal income tax in the current year, because
the Affiant does not intend to reside in the "United States", he
does not intend to be treated as either a "resident" or a
"citizen" of the "United States", he is not and does not intend
to be involved in the conduct of any "trade or business" within
the "United States" or receive any "income" or "wages" from
sources within the "United States", as those terms are defined
and used in the Internal Revenue Code (26 U.S.C.) and/or 27
U.S.C. and the rules and regulations promulgated thereunder; and
further,
19. The Affiant, by means of knowingly intelligent acts
done with sufficient awareness of the relevant circumstances and
consequences (Brady v. U.S., 397 U.S. 742, 748) never agreed or
consented to be given a federal Social Security Number (SSN),
same said as to a federal Employee Identification Number (EIN)
and, therefore, waives and releases from liability the "United
States" and any State of the Union of 50 States, for any present
or future benefits that the Affiant may be entitled to claim
under the Old-Age Survivors and the Disability Insurance Act,
and/or the Federal Unemployment Tax Act. Additionally, your
Affiant makes no claim to any present or future benefits under
any of the foregoing; and
Rescission Documents of John E. Trumane:
Page 27 of 29
20. Therefore, I, John E. Trumane, am a natural born free
inhabitant and, as such, a Sovereign Citizen/Principal inhabiting
the California Republic. Therefore, I am not "within the United
States" but lawfully I am "without the United States" (per Title
28, U.S.C., Section 1746, Subsection 1), and therefore I have no
standing capacity to sign any tax form which displays the perjury
clause pursuant to Title 28, Section 1746, Subsection 2; and
further,
PLEASE NOTE WELL: At no time will the Affiant construe any
of the foregoing terms defined within the Internal Revenue Code,
Title 26 and/or Title 27, United States Codes, or within any of
the other United States Codes, in a metaphorical sense. When
terms are not words of art and are explicitly defined within the
Code and/or within a Statute, the Affiant relies at all times
upon the clear language of the terms as they are defined therein,
NO MORE and NO LESS:
"... When aid to construction of the meaning of words, as
used in the statute, is available, there certainly can be no
'rule of law' which forbids its use, however clear the words
may appear on 'superficial examination' ...."
[United States v. American Trucking Association]
[310 U.S. 534, 543,544 (1939)]
This unsworn certification is being executed WITHOUT the
"United States", pursuant to Section 1746(1) of Title 28, United
States Codes, Federal Rules of Civil Procedure:
I affirm under penalty of perjury under the laws of the
United States of America that I executed the foregoing for the
purposes and considerations herein expressed, in the capacity
stated, and that the statements contained herein are true and
correct, to the best of my knowledge.
Executed Anno Domini, on this the ___________ day in the month of
___________________________, 1992.
Subscribed, sealed and affirmed to this ________________ day of
___________________________, 1992.
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by special Appearance, In
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
John E. Trumane
c/o general delivery
San Rafael, California Republic
Rescission Documents of John E. Trumane:
Page 28 of 29
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of ______________________________, 1992,
John E. Trumane did personally appear before me, and is known to
be the one described in, and who executed the foregoing
instrument, and acknowledged that he executed the same as his
free act and deed as a Citizen/Sovereign in this above named said
State of the Union. Purpose of notary is for identification
only, and not for entrance into any foreign jurisdiction.
_____________________________________
Notary Public
Rescission Documents of John E. Trumane:
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