Certified Mail Number: __________________________________________
Date: __________________________________________
John E. Trumane
c/o General Delivery
Marin County
San Rafael, California state
united States of America
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE REVOCATION 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 Republic of California/State since 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 California state, and thereby
in the united States of America, in fact, by right of heritage, a
Citizen inhabiting California state, 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 (1787) 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,
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 state, 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
revoked 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,
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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 IRS and California Revenue Department forms and documents
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 California Revenue
Department 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), 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 California Revenue Department 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 State tax forms, schedules and documents, and that I was
unaware of Title 28, Section 1746 wherein there are two perjury
clauses, one stating that you are within the "United States" and
one stating that you are without the "United States." 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 California Revenue
Department 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,
10. That I have also been mistakenly influenced and
mistakenly impressed by annual public displays and indiscriminate
public offerings by the IRS and the State 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 State Franchise Tax Board (FTB); and further,
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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 "Form 1040" or State income
tax forms, nor did they evidence Title 28, Section 1746; and
further,
12. That at no time was I ever notified or informed, by the
IRS or by the State of California, 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 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,
13. That at no time was I ever notified or informed by the
California Department of Revenue 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,
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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,
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,
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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,
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,
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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,
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 consequences (see
Brady v. United States, 397 U.S. 742); 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 citizen" due to the wording
of the perjury clause (Title 28 U.S.C. 1746); and further,
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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,
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 revoke, 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 Revenue Department and
the 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, xx-xxxxxxx, and xx-xxxxxxx, 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 revocation 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,
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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), Delima v.
Bidwell, 182 U.S. 176, 179, 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,
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 "internal" 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,
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29. That these same diligent studies have also proved to me
that misrepresentation and a shrewd and criminal constructive
fraud have been perpetrated upon America 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,
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 revoke 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 US 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 Codes 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 States and their so-called "Form 1040"
appears to be a bogus and bootleg document on its face; and
further,
Letters to Social Security Administration:
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32. That, with all of the above in mind, it appears that
this free Sovereign natural born American 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") 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.
33. That, since my date of birth on June 21, 1948, 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 June 21,
1948, 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 26 C.F.R. 1.1-1 and as
defined in the so-called 14th Amendment to the U.S. Constitution;
and further,
Letters to Social Security Administration:
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35. 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 revoked, 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); 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,
36. 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, living and breathing in California state,
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 revoke 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; and further,
37. 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: 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; 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; 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 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,
Letters to Social Security Administration:
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38. 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, and as yet to be
determined, 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.
39. That I affirm under penalty of perjury, under the
Common Law of America, without the "United States", that the
foregoing is true and correct, to the best of my knowledge; and
Further This Affiant saith not.
Subscribed and affirmed to Nunc Pro Tunc on the date of my
majority, which day was June 21, 1969.
Subscribed, sealed and affirmed to this ________________ day of
___________________________, 1982.
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,
"Without Prejudice" to any of my unalienable rights.
John E. Trumane
c/o General Delivery
San Rafael, California state
Letters to Social Security Administration:
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Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of ______________________________, 1982,
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
Letters to Social Security Administration:
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Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
July 15, 1982
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Subject: CEASE AND DESIST ORDER
NOTICE OF PERSONAL LIABILITY
Dear Mr. Blevins:
Please be advised that the attached letter dated July 15, 1982
contains, among other things, a CEASE AND DESIST ORDER and a
NOTICE OF PERSONAL LIABILITY hereby served on your person and on
the other persons listed in the attached CERTIFICATE OF SERVICE
BY MAIL.
Your receipt of this letter and the attached letter means that
you acknowledge receipt of this CEASE AND DESIST ORDER and that
you acknowledge receipt of this NOTICE OF PERSONAL LIABILITY.
Please also note that I object to your use of a ZIP code when
addressing mail to me, if such a ZIP code could be construed to
mean that I am "subject" in any way to the "United States". I am
consistently informed by employees of the U.S.P.S. that the only
purpose of ZIP codes is to expedite the delivery of mail.
Instead, please use the above mailing address, exactly as shown,
in any and all future correspondence with me.
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
Letters to Social Security Administration:
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copies: Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Letters to Social Security Administration:
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C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifteenth day of July, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dated July 15, 1982
/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.
Letters to Social Security Administration:
Page 19 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
July 15, 1982
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dear Mr. Blevins:
Your letter to me, date-stamped July 7, 1982, and postmarked July
9, 1982, contains erroneous presumptions by you which are hereby
rebutted as follows:
"Wish to Revoke"
Your letter contains statements which evidence a presumption on
your part that I wish to revoke my signature on my Application
for a Social Security Card (SS-5) and other documents. This
presumption of yours is hereby rebutted. I do not "wish" to
"revoke" my signature on these documents, nor have I requested
that you "honor" any "request" by me, because such a "request"
could be construed to mean that my original SS-5 was valid at its
inception and that I now need your approval for such a "request".
On the contrary, my letter of May 5, 1982 carefully utilized the
phrase "to unilaterally revoke" so as to make it clear that I
have unilaterally declared the contract void from its inception
and I have put an end to it as though it never were. This clear
interpretation of my words, and the clear intent of those words,
are fully supported by the following definitions in Black's Law
Dictionary, Sixth Edition, to wit:
Revoke. To annul or make void by recalling or taking back.
To cancel, rescind, repeal, or reverse, as to revoke a
license or will.
Rescission of contract. To declare a contract void in its
inception and to put an end to it as though it never were.
A "rescission" amounts to the unmaking of a contract, or an
undoing of it from the beginning, and not merely a
termination, and it may be effected ... by one of the
parties declaring rescission of contract without consent of
other if a legally sufficient ground therefor exists ....
It necessarily involves a repudiation of the contract and a
refusal of the moving party to be further bound by it. ...
An act of an equitable nature in which a party seeks to be
relieved of his obligations under a contract on the grounds
of mutual mistake, fraud, impossibility, etc.
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When I use the phrase "to unilaterally revoke" in this and all
prior documents served on your Agency, this phrase has a meaning
that is synonymous with the phrase "to rescind the contract".
That these meanings are synonymous is clearly substantiated by
the above definitions from Black's Law Dictionary, Sixth Edition.
This letter and all my prior documents detail numerous valid
grounds for rescinding the original Social Security contract in
application, in account, and in number. Mutual mistake, fraud,
duress and coercion are legally sufficient grounds on which I am
entitled to repudiate, and refuse to be further bound in any way
by, my original Social Security application, account, and number.
The burden of proving fraud generally falls on the moving party.
I have already carried my burden of proving the mutual mistake,
fraud, duress and coercion which together constitute legally
sufficient grounds for unilaterally repudiating the contract(s)
in question (see my letter of May 5, 1982, page 4).
To the extent that, and insofar as my signature dated March 23,
1982 on Form SSA-521 can or should be construed to mean that I
have "requested" consent of the Social Security Administration
for withdrawal of my original SS-5 application, I hereby withdraw
any such "request" because it was a mistake; I unilaterally
rescind my signature on this Form SSA-521; and I unilaterally
rescind my original SS-5 application without the consent of your
Agency, for the several reasons stated in this letter and in all
other documents previously served on your Agency. Nothing in
this letter, or in any previous documents already served on your
Agency, can or should be construed in any way as a grant of
jurisdiction to the "United States", its agencies or its assigns.
General Rebuttal
Your letter contains statements which have been made contrary to
numerous facts which are contained in my Affidavits and other
documents previously served on your Agency. You and your Agency
have now had ample opportunity to rebut any and all of those
facts, and neither you nor your Agency have now done so.
Accordingly, your failure to rebut any of those facts now renders
them all conclusive, permanently for the record. You and your
Agency are now forever barred and estopped from challenging those
facts as stated.
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group by whose authority the United
States Constitution was created. The Congress was created, in
turn, by that Constitution. The Social Security Act to which you
refer is, in turn, a creation of that Congress. Regardless of
your status prior to becoming an employee of the federal
government, your current status as a federal employee necessarily
subjects you to the letter of that "law". I am not subject
either to the letter or to the spirit of that "law", however.
Letters to Social Security Administration:
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Even though and regardless of the fact that you are evidently
restricted by law from unilaterally rescinding an original SS-5
application, I am not subject to any such restriction. As
someone who has explicitly reserved all my unalienable rights
without prejudice to any of my unalienable rights, I specifically
retain my right to rescind and cancel my original Social Security
application, for the several reasons stated in my Affidavits, in
this letter and in other documents, and to render it null and
void from its inception. The documents which I have already
served on the Social Security Administration, including this
letter to you, are prima facie evidence that I have already
exercised that right, the exercise of which is entirely within my
Sovereign power and authority to do.
The Social Security Administration is bound by the provisions of
the Uniform Commercial Code. The conclusive facts as stated in
my Affidavits and other documents now constitute material proof
that my original Social Security application was an
unconscionable contract ab initio (from its inception) because,
among many other reasons, it was lacking in meaningful choice on
my part. You and your Agency have already been notified via
those documents, and I hereby notify you and your Agency again,
that I have explicitly reserved all my unalienable rights,
without prejudice to any of my unalienable rights. This means
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.
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Social Security Administration, of the "Remedy" which you 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.
On the contrary, my previous entry into the Social Security
system was unknowing, involuntary, and unintentional; it was
based upon demonstrable misrepresentation, fraud, duress and
coercion by the federal government because:
1. it was imposed upon me under duress and coercion by a
foreign employer who had been deceived, as indeed are
virtually all employers, into believing that Social Security
was mandatory, and who would not otherwise engage me;
2. I too was misled to believe, by government-fostered fraud
and misrepresentation, that participation in the Social
Security system was mandatory for me;
3. the Social Security Administration did not disclose to me
that participation was strictly voluntary, or that employers
are under no requirement to hire only individuals who have a
Social Security Number;
4. the Social Security Administration did not reveal to me the
implications of thus being connected to the "United States",
which entity has its origin and jurisdiction in 1:8:17 and
4:3:2 in the U.S. Constitution (aka "The Federal Zone");
Letters to Social Security Administration:
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5. the Social Security Administration did not reveal that the
monies collected from me were treated like an excise tax and
were not allocated to a Social Security or other fund;
6. the Social Security Administration did not disclose to me
that earnings from labor, in and of themselves, are not a
revenue-taxable activity that is subject to excise taxes;
7. the Social Security Administration did not and has not
informed me that the Federal Insurance Contributions Act is
neither a contribution nor insurance, but an excise tax,
thus being misleading and misrepresented by title; and
8. I was a minor not of lawful, contracting age when I entered
the Social Security contract.
For these reasons, and for the numerous reasons already
documented in the Affidavits and other documents previously
served on your Agency, I reiterate my prior election to renounce
my Social Security Number and withdraw from the system entirely.
I have not heretofore received any benefits or payments under the
Social Security Act.
Having made this election to discontinue all further
participation in the Social Security system, I hereby demand the
return of all monies collected from me under the guise of Social
Security and Hospital Insurance. Out of sheer generosity, I make
this demand without claim for any interest or increment for
inflation. I further agree to waive all future Social Security
benefits that have, or would have, accrued to me by virtue of my
prior uninformed, fraudulent, and coerced submission to the
Social Security contract.
My Social Security application, contract, account and number are,
therefore, null and void from their inception, as are any
adhesions which may, now or in the future, be claimed by agencies
of the federal government, or by any undisclosed third-parties
such as the Federal Reserve banks and/or the International
Monetary Fund, as a result of an application, contract, account
and number that are all null and void ab initio (from their
inception).
Notice of Personal Liability
Any further attempts by you and/or others in your Agency to
assert the validity of that invalid application, contract,
account, and/or number, in the face of clear and uncontested
evidence to the contrary, will be noted and can be used as prima
facie evidence of your willingness to violate and otherwise
contravene my unalienable rights and my Constitutionally secured
rights as a Sovereign Freeman. These rights include, but are not
limited to, those which are enumerated in my Affidavits and other
documents, including this letter.
Letters to Social Security Administration:
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You are hereby warned that you can and will be held personally
liable for any future attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful assertion of an invalid Social
Security application, contract, account and/or number. As an
employee of the federal government, you are under a legal
obligation to recognize that: "Constructive fraud as well as
actual fraud may be the basis of cancellation of an instrument,"
El Paso Natural Gas Co. v. Kysar Insurance Co., 605 Pacific 2d
240 (1979). Your ignorance of the law is no excuse in this
matter.
General Assertion of Rights
For your information, I am not subject to any foreign
jurisdiction by reason of any valid contract or commercial
agreement resulting in adhesion across America, nor are millions
of other Sovereign 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 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a Social Security application executed
long before my age of majority. Therefore, the Social Security
application, contract, account and number at issue are all
necessarily null and void, ab initio, notwithstanding any and all
unsubstantiated statements by you to the contrary.
Notice of Past Deadline
Please also take note that your response to my letter of May 5,
1982 to Delmar D. Dowling was not timely. A timely response to
my letter of May 5, 1982 would have been addressed on or before
June 5, 1982. Your letter to me was date-stamped July 7, 1982.
Therefore, I am entitled to the conclusive presumption that,
after June 5, 1982, you were barred, by virtue of the doctrine of
estoppel by acquiescence, from any further challenge to my
statements as contained herein and as contained in all my
documents previously served on your Agency.
Cease and Desist Order
Therefore, you and all others within your Agency are hereby
ordered to cease and desist any further attempts to assert the
validity of an invalid Social Security application, contract,
account, and number, for all of the reasons stated hereinabove
and in all previous documents already served on your Agency.
Your failure to obey this order to cease and desist will make it
necessary for me to serve on your person the legal documents
necessary to substantiate my claim of one or more violations by
you of my fundamental, inherent rights, which documents shall
include but not be limited to affidavits of probable cause,
copies of which will be forwarded to appropriate government
officials of California state.
Letters to Social Security Administration:
Page 24 of 153
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
copies: Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
attachments: copies of documents relevant to rescissions
of Social Security and birth certificate,
in reverse chronological order
Letters to Social Security Administration:
Page 25 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifteenth day of July, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dated July 15, 1982
/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.
Letters to Social Security Administration:
Page 26 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael, California
March 9, 1982
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dear Commissioner:
Enclosed please find a notarized affidavit which revokes my Birth
Certificate and revokes any Power of Attorney attached thereto.
Please be so kind as to forward the enclosed affidavit to all
appropriate governmental office(s), so that proper notice can be
taken of its contents, and suitable action(s) can be taken to
comply with its mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)
enclosure: NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
Letters to Social Security Administration:
Page 27 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
L E T T E R O F T R A N S M I T T A L
c/o General Delivery
San Rafael, California
March 23, 1982
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Dear Commissioner:
Attached please find the following documents:
REQUEST FOR WITHDRAWAL OF APPLICATION, FORM SSA-521
COVER LETTER PURSUANT TO FORM SSA-521
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE REVOCATION AFFIDAVIT
FOREIGN STATUS AFFIDAVIT
Please be so kind as to forward the enclosed documents to all
appropriate governmental office(s), so that proper notice can be
taken of their contents, and suitable action(s) can be taken to
comply with their mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE TO ANY OF MY RIGHTS
Letters to Social Security Administration:
Page 28 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
May 5, 1982
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
6301 Security Boulevard
Baltimore, Maryland
Dear Mr. Dowling:
Your letter to me, date-stamped April 15, 1982 and postmarked
April 28, 1982, contains a multitude of erroneous, irrelevant,
and immaterial presumptions which are rebutted as follows:
"Employee" Presumption
Your letter contains a number of statements which evidence a
presumption on your part that I am an "employee" as that term is
defined in Title 26 and in Title 42. I am not an "employee"; I
am not a "covered employee"; I am not an "employer"; and I do
not have an "employer". The numerous legal documents which I
have already served on the Social Security Administration contain
absolutely no statements which even remotely suggest that I am an
"employee", or that I have an "employer", as those terms are
defined by federal statute. Your willingness to introduce into
the administrative record statements which are erroneous,
irrelevant, and immaterial evidences bad faith on your part. You
are under the obligation of good faith imposed at several places
in the Uniform Commercial Code (see e.g. 1-203).
Immigration and Naturalization
Your letter recommends that I contact the Immigration and
Naturalization Service (INS) for a determination regarding my
"citizenship status". Again, the numerous legal documents which
I have already served on the Social Security Administration
contain absolutely no statements which even remotely suggest that
I immigrated into this country, or that I was ever naturalized.
If you had read these documents carefully, you would have
discovered that I was natural born on June 21, 1948 in the
Commonwealth of Massachusetts and I have inhabited California
state since 1952 (see 2:1:5 in the Constitution for the united
States of America). As such, I am a member of the Sovereignty,
and there is no reason to expect that INS will have any
information pertinent to my status as a Sovereign. Again, your
evident failure to read all the statements contained in my
Affidavits and other documents constitutes further proof of bad
faith on your part.
Letters to Social Security Administration:
Page 29 of 153
There is absolutely no need for me to request of the INS a
determination concerning whether I am a "U.S. citizen" as that
term is defined in Titles 26, 42 and their regulations. My right
to be "present" in these united States of America is a birthright
which is unalienable, fundamental and inherent. According to the
Declaration of Independence, I am endowed with this birthright by
my Creator, and not by any one or any thing else, and certainly
not by the Immigration and Naturalization Service and not by the
Social Security Administration in any event.
You have stated that you cannot honor my request to adjust your
records regarding my "citizenship" status because, as you state,
the Social Security Administration does not have the authority to
determine whether my "status should be changed". Your statement
contains a non sequitor. First of all, I have not requested a
determination whether my status should be changed. I have not
requested any change of status. My status has not changed, and
there is no need to change my status.
The administrative record is another matter, however. If it
contains errors of any kind, you are under the obligation of good
faith to correct those errors, if and when they are discovered.
If that administrative record contains data and/or other
information which suggests that I am a "United States citizen" as
that term is defined in Title 26 and Title 42, then the contents
of that record were premised upon a mutual mistake of fact
regarding my true status. Accordingly, you are under the
obligation of good faith to correct any and all errors contained
in that administrative record, using the correct information
already supplied to you. You are expected to understand that
correcting errors is entirely different from changing my status.
Constitutionality of Social Security Act
Your letter contains a statement that the Supreme Court has held
the Social Security Act to be constitutional not long after the
law's enactment in the 1930s. That may be so, but there is
nothing in my documents to suggest that I have challenged the
constitutionality of the Social Security Act. I certainly do
reserve the right to so challenge the Act, at any time in the
future. Nothing in this letter, nor in my Affidavits, nor in
other documents already served on your Agency, can or should be
construed to mean that I have waived my right to challenge the
constitutionality of any act of Congress, now or in the future.
General Rebuttal
Your letter contains a set of statements which have been made
contrary to numerous facts which are contained in my Affidavits
and other documents served on your Agency. You have now had
ample opportunity to rebut any and all of those facts, and you
have not done so. Accordingly, your failure to rebut any of
those facts now renders them all conclusive, permanently for the
record. You are now forever barred and estopped from challenging
those facts as stated.
Letters to Social Security Administration:
Page 30 of 153
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group by whose authority the United
States Constitution was created. The Congress was created, in
turn, by that Constitution. The Social Security Act to which you
refer is, in turn, a creation of that Congress. Regardless of
your status prior to becoming an employee of the federal
government, your current status as a federal employee necessarily
subjects you to the letter of that "law". I am not subject
either to the letter or to the spirit of that law, however.
Even though you are evidently restricted by law from unilaterally
revoking an original SS-5 application, I am not subject to any
such restriction. As someone who has explicitly reserved all my
unalienable rights without prejudice to any of my unalienable
rights, I specifically retain my right to unilaterally revoke and
cancel my original Social Security application, for the several
reasons stated in my Affidavits, this letter and other documents,
and to render it null and void from its inception. The documents
which I have now served on the Social Security Administration,
including this letter, are prima facie evidence that I have, in
effect, already exercised that right, the exercise of which is
entirely within my Sovereign power and authority to do.
The Social Security Administration is bound by the provisions of
the Uniform Commercial Code. The conclusive facts as stated in
my Affidavits and other documents now constitute material proof
that my original Social Security application was an
unconscionable contract ab initio because, among many other
reasons, it was lacking in meaningful choice on my part. You
have already been notified via those documents, and I hereby
notify you again, that I have explicitly reserved all my
unalienable rights, without prejudice to any of my unalienable
rights. This means 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.
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Social Security Administration, of the "Remedy" which you 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.
On the contrary, my previous entry into the Social Security
system was unknowing, involuntary, and unintentional; it was
based upon demonstrable misrepresentation, fraud, duress and
coercion by the federal government because:
Letters to Social Security Administration:
Page 31 of 153
1. it was imposed upon me under duress and coercion by a
foreign employer who had been deceived, as indeed are
virtually all employers, into believing that Social Security
was mandatory, and who would not otherwise engage me;
2. I too was misled to believe, by government-fostered fraud
and misrepresentation, that participation in the Social
Security system was mandatory for me;
3. the Social Security Administration did not disclose to me
that participation was strictly voluntary, or that employers
are under no requirement to hire only individuals who have a
Social Security Number;
4. the Social Security Administration did not reveal to me the
implications of thus being connected to the "United States",
which entity has its origin and jurisdiction in 1:8:17 and
4:3:2 in the U.S. Constitution (aka "The Federal Zone");
5. the Social Security Administration did not reveal that the
monies collected from me were treated like an excise tax and
were not allocated to a Social Security or other fund;
6. the Social Security Administration did not disclose to me
that earnings from labor, in and of themselves, are not a
revenue-taxable activity that is subject to excise taxes;
7. the Social Security Administration did not and has not
informed me that the Federal Insurance Contributions Act is
neither a contribution nor insurance, but an excise tax,
thus being misleading and misrepresented by title; and
8. I was a minor not of lawful, contracting age when I entered
the Social Security contract.
For these reasons, and for the numerous reasons already
documented in the Affidavits and other documents previously
served on your Agency, I reiterate my prior election to renounce
my Social Security Number and withdraw from the system entirely.
I have not heretofore received any benefits or payments under the
Social Security Act. Neither has anyone else received benefits
by virtue of my prior participation in the Social Security
system.
Having made this election to discontinue all further
participation in the Social Security system, I hereby demand the
return of all monies collected from me under the guise of Social
Security and Hospital Insurance. Out of sheer generosity, I make
this demand without claim for any interest or increment for
inflation. I further agree to waive all future Social Security
benefits that have, or would have, accrued to me by virtue of my
prior uninformed, fraudulent, and coerced submission to the
Social Security contract.
My Social Security application, contract and account are,
therefore, null and void from their inception, as are any
adhesions which may, now or in the future, be claimed by agencies
of the federal government, or by any undisclosed third-parties,
as a result of an application, contract and account that are null
and void ab initio.
Letters to Social Security Administration:
Page 32 of 153
Notice of Personal Liability
Any further attempts by you to assert the validity of that
invalid application, contract and/or account in the face of
contrary evidence will be noted and can be used as prima facie
evidence of your willingness to violate and otherwise contravene
my unalienable rights and my Constitutionally secured rights as a
Sovereign Freeman. These rights include, but are not limited to,
those which are enumerated in my Affidavits and other documents,
including this letter.
You are hereby warned that you can and will be held personally
liable for any future attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful assertion of an invalid Social
Security application, contract and/or account. As an employee of
the federal government, you are under a legal obligation to
recognize that: "Constructive fraud as well as actual fraud may
be the basis of cancellation of an instrument," El Paso Natural
Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979). Your
ignorance of the law is no excuse in this matter.
General Assertion of Rights
For your information, I am not subject to any foreign
jurisdiction by reason of any valid contract or commercial
agreement resulting in adhesion across America, nor are millions
of other Sovereign 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 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a Social Security application executed
long before my age of majority. Therefore, the Social Security
application, account and number at issue are necessarily null and
void, ab initio, notwithstanding any and all unsubstantiated
statements by you to the contrary.
Notice of Deadline
If I do not hear from you within thirty (30) calendar days of the
above date, I will be entitled to the conclusive presumption that
you are thereby barred, by virtue of the doctrine of estoppel by
acquiescence, from any further challenge to my statements as
contained herein and as contained in all my documents as
previously served on your Agency.
Thank you very much for your consideration.
Letters to Social Security Administration:
Page 33 of 153
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
Letters to Social Security Administration:
Page 34 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifth day of May, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
6301 Security Boulevard
Baltimore, Maryland
Dated May 5, 1982
/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.
Letters to Social Security Administration:
Page 35 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 5, 1982
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT (see attached)
ACTUAL AND CONSTRUCTIVE NOTICE (see attached)
Dear Ms. King:
Please take notice that this letter and all attached
documents contain, among other things, a DEMAND FOR PAYMENT in
addition to an ACTUAL AND CONSTRUCTIVE NOTICE hereby served on
your person and on the other persons listed in the attached
CERTIFICATES OF SERVICE BY MAIL.
Please also take notice that I formally object to your use
of a ZIP code when addressing mail to me, if such ZIP codes could
be construed to mean that I am "subject" in any way to the
"United States". I am consistently informed by employees of the
U.S.P.S. that the only purpose of ZIP codes is to expedite the
delivery of mail. Instead, I hereby repeat my demand that you
utilize the above mailing address, exactly as shown, in any and
all future correspondence with me.
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
attachments:
[see next page]
copies:
[see pages 3 and 4, infra]
Letters to Social Security Administration:
Page 36 of 153
Demand for Payment, Actual and Constructive Notice,
October 5, 1982
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
copies:
[see next page]
Letters to Social Security Administration:
Page 37 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifth day of October, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Speaker of the House
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Attorney General
State of California
P. O. Box 944255
Sacramento, California
Postal Zone 94244-2550/tdc
Attorney General
Justice Department
Washington, D.C.
Postal Zone 20530/tdc
Department of Health and Human Services
200 Independence Avenue
Washington, D.C.
Postal Zone 20201/tdc
Commissioner of IRS
1111 Constitution Avenue, N.W.
Washington, D.C.
Postal Zone 20224/tdc
Letters to Social Security Administration:
Page 38 of 153
The Federal Reserve Bank, Inc.
20th and Constitution Ave., N.W.
Washington, D.C.
Postal Zone 20551/tdc
Secretary of the Treasury
State of California
915 Capitol Mall
Sacramento, California
Postal Zone 95814/tdc
Senator Alan Cranston
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Senator John Seymour
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Representative Barbara Boxer
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Dated October 5, 1982
/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.
Letters to Social Security Administration:
Page 39 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 5, 1982
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT
ACTUAL AND CONSTRUCTIVE NOTICE
Dear Ms. King:
This is my lawful and formal DEMAND FOR PAYMENT of Social
Security taxes unlawfully withheld from my untaxable personal
compensation that was exempt from tax under the fundamental Law
during the calendar years 1965 to 1986, inclusive. The total
amount of this demand is itemized as follows:
Social Security Taxes Unlawfully Withheld by SSA
from John E. Trumane, itemized as follows:
Year Amount and Type of Tax Withheld Total
1986 $3,003 social security taxes $3,003
1985 2,971 " " " 2,971
1984 1,074 " " " 1,074
1983 503 " " " 503
1982 1,285 " " " 1,285
1981 1,975 " " " 1,975
1980 1,587 " " " 1,587
1979 992 " " " 992
1978 1,070 " " " 1,070
1977 965 " " " 965
1976 822 " " " 822
1975 0 " " " 0
1974 672 " " " 672
1973 418 " " " 418
1972 0 " " " 0
1971 75 " " " 75
1970 55 " " " 55
1969 29 " " " 29
1968 96 " " " 96
1967 47 " " " 47
1966 36 " " " 36
1965 13 " " " 13
------
TOTAL AMOUNT DUE: $17,688
=======
Letters to Social Security Administration:
Page 40 of 153
The above yearly amounts were taken from the statement
entitled "Personal Earnings and Benefit Estimate Statement", form
number SSA-7005 (06-88), dated November 29, 1988 and signed by
Dorcas R. Hardy, Commissioner of Social Security (copy attached).
Please take note of my prior communications to the Social
Security Administration, in which I have reiterated this demand
without claim for any interest or increment for inflation.
ACTUAL AND CONSTRUCTIVE NOTICE
This is my formal reply to your letter date-stamped August
13, 1982. Please take notice of the fact that I am a de jure
California State Citizen, not a de facto federal citizen under
the so-called 14th Amendment, nor a ward of the Congress who has
a taxable citizenship through Social Security or any other
governmental privilege or franchise. No governmental agency has
power of attorney over me or my property.
This letter and all attachments are based upon the principle
that a contract is "Null and Void Ab Initio" in the case of fraud
at its inception, and it need not be formally rescinded as a
prerequisite to a right of avoidance. See court authority in the
case of Bonacci v. Massachusetts Bonding and Insurance Co., 58
Cal 2d 657, 664; 137 P.2d 487 (1943).
Therefore, I again demand that you remove my name and number
from your system of records, and that you notify any and all
affected governmental agencies that I am not subject to, nor am I
required to have, a Social Security number or account. I also
demand that your agency return all property that was taken from
me by your use of various elements of fraud (see TOTAL AMOUNT DUE
as shown in the above DEMAND FOR PAYMENT).
This letter and attachments, and all previous letters,
affidavits, declarations and affirmations sent to you, the Social
Security Administration and/or the Department of Health and Human
Services, or any other governmental agency (all of which
documents are incorporated by this reference as if set forth
fully herein), are conclusive and direct evidence of fraud which
has not and cannot be refuted by any legal means. Therefore, as
such, these documents now constitute conclusive evidence of
admissions and confessions of fraud and entrapment in any court
of law or in any other proceedings.
These documents are hereby deemed to be your "means of
knowledge". The means of knowledge, especially when knowledge
consists of public records, is deemed in law to be "knowledge of
the facts". If it appears on record that an individual had
notice or information of circumstances which would cause him to
inquire and which, if followed, would lead to knowledge, or if it
appears that the facts were presumptively within his knowledge,
then he will be deemed to have had actual knowledge of the facts
and may be subsequently liable for any damage or injury. You,
therefore, Gwendolyn S. King, have been given "knowledge of the
facts" as they pertain to this conspiracy to commit a fraud
against me and my property.
Letters to Social Security Administration:
Page 41 of 153
This is an actual and constructive notice under California
Civil Code (CCC), Sections 18 and 19, that if you fail to obey
the law and if you continue to aid and abet the conspiracy, by
use of fraud, entrapment and misrepresentation, to deprive me of
my de jure state Citizenship and vested property rights, then you
will thereby cause me further damage and injury. This will
require me to take whatever action I deem is necessary and lawful
to effect a remedy.
You will take formal notice of the fact that I am a white,
natural born state Citizen who is executing this ACTUAL AND
CONSTRUCTIVE NOTICE. If called upon as a witness, I will testify
to the following facts, which I believe to be true and correct,
to the best of my knowledge and understanding:
There is NO LAW that would or could compel me to participate
in the perpetration of a fraud. There is no provision in the
Social Security Act that would not allow me, a white natural born
state Citizen, to refrain and withdraw from participating in the
Social Security System, which is based upon CONSTRUCTIVE FRAUD as
evidenced by the facts as stated in all attached documents and by
the additional facts which are stated below.
My true status and intent is to be a Common-Law State
Citizen as established by the Preamble and the original
Constitution for the United States of America (1787) and the
original Constitution of California state (1849). Thus, for all
the reasons stated herein and elsewhere, I hereby reaffirm my
right to rescind, revoke and render null and void nunc pro tunc,
as previously established, the number xxx-xx-xxxx in application,
in body, and in account.
I hereby charge that the Social Security Administration and
the Congress of the United States, with full knowledge of the
following facts, and with willful and full intent to do so:
1. Did not reveal the truth that the Social Security Act is a
compulsory excise tax under Title II and VIII which only
creates a revocable statutory right. See "Hearings before a
Subcommittee of the Committee on Ways and Means, House of
Representatives, 83rd Congress, First Session, on the Legal
Status of OASI Benefits", dated November 27, 1953, Part 6,
pages 906, 932, 963. This reference incorporates fully and
makes Part 6 a part of this ACTUAL AND CONSTRUCTIVE NOTICE.
2. Did not reveal the truth that the Social Security Act IS NOT
insurance and does not go into a separate trust fund, nor
does it create any vested rights. (See supra, page 1014;
see also Fleming v. Nestor, 363 U.S. 603, 610 (1960).)
3. Did deliberately and willfully withhold the information
that, upon obtaining a Social Security Number (SSN), a white
natural born state Citizen would be required, for the rest
of his working life, to pay over 50% of his wages acquired
in exchange quid pro quo, as an income tax, as instigated
and established for the profit of the Federal Reserve Banks.
Letters to Social Security Administration:
Page 42 of 153
4. Did not reveal and disclose the truth that, upon obtaining a
SSN, a white natural born State Citizen would lose his
primary State Citizenship, his Privileges and his
Immunities, and become instead a business entity under
Social Security, and an enfranchised person under the
so-called 14th Amendment, and would lose access to his
Constitutional Rights as guaranteed by the Bill of Rights,
Amendments 1 through 10; and instead he would become a
federal citizen and receive privileges and immunities which
are revocable at the whim and pleasure of the Congress.
(See Section 1104 of the Social Security Act, and Article I,
Section 7 of the California Constitution, and so-called
Amendment 14 of the U.S. Constitution.)
5. Did not reveal and disclose the truth that the SSN would be
used for the absolute control of the "citizens of the United
States" under the so-called 14th Amendment, as evidenced by
various orders instituted by the Internal Revenue Service
(similar to Nazi Concentration Camp numbers or federal
serial numbers).
6. Have willfully and deliberately utilized Section 1104 of the
Social Security Act to deprive over 250 million people of
their statutory rights and property, as established by the
original Social Security Act.
7. Have, by utilizing constructive fraud by non-disclosure,
deceit, coercion, intimidation, duress and outright lying,
defrauded me of my Common-Law Citizenship and also my
inalienable/unalienable rights to life, liberty and property
at the instigation of the Federal Reserve Banks for the
profit of the Class A Stockholders of those banks.
8. Have willfully and deliberately failed to disclose the above
information and do still continue to state that Social
Security is "voluntary" and "insurance" when, in fact, it is
not and, in fact and operation, it is administered as a
compulsory excise tax; and thus to compel me to surrender
my constitutional state Citizenship and to deprive me of my
Privileges and Immunities as a sovereign state Citizen, in
order to be regulated and to pay an "income tax" for the
profit of the Federal Reserve Banks, is outright fraud being
instituted by the U.S. Congress, the Department of Health
and Human Services, the Internal Revenue Service and the
Federal Reserve Banks Inc., with the assistance and approval
of the U.S. Attorney General's Office, with the intent to
establish the ten (10) planks of the Communist Manifesto
within the United States as they are now in operation, and
to abolish the intent of the United States Constitution, as
it was originally established by our founding Fathers,
namely, to ordain and establish a Republic, NOT a
socialistic Slave State for the enrichment of the Class A
Stockholders of the Federal Reserve banks.
Letters to Social Security Administration:
Page 43 of 153
9. Have 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 in the U.S. Constitution,
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); 28 Tulane
Law Review 22; 11 South Carolina Law Quarterly 484.)
Neither Congress nor the Social Security Administration nor
the Federal Reserve banks had any lawful authority to compel me
to apply for a Social Security account and number.
Upon application for a Social Security account and number,
there was a hidden assumpsit that I became "subject to the
jurisdiction of the United States" and thereby became entitled to
the privileges and immunities granted by the so-called 14th
Amendment, whereby the Congress, the Social Security
Administration and the Internal Revenue Service could command my
specific performance to discharge any of their third-party debts
and obligations.
The Social Security contract (SS-5) is not an insurance
contract. There is no separate fund or account for each
participant. The contract violates federal statutes (see, e.g.,
Title 18, RICO statutes). I have rescinded my original SS-5
application. I am holding it voidable and IT IS VOID as to the
issuing party. Every consideration that arose out of that
contract must be returned to me, the lawful owner.
I HEREBY COMMAND THE SOCIAL SECURITY ADMINISTRATION TO
RETURN ALL SUCH CONSIDERATIONS AS ITEMIZED ABOVE.
This is also an ACTUAL AND CONSTRUCTIVE NOTICE to all
concerned agencies, both State and Federal, that I, John E.
Trumane, a white natural born common-law state Citizen, now a
Citizen of California state, having no known legal franchise that
would cloud my position, hereby give notice to all concerned
agencies that their failure to refute each and every point by
substantive proof will be considered admissions and confessions
and shall establish estoppel by silence and/or acquiescence.
The continued deprivation of my substantive rights, my
vested property rights and my property as a Citizen of California
state, will cause me further injury and damage, and will have to
be remedied by whatever actions deemed necessary and lawful.
All of the above statements are true and correct, to the
best of my current knowledge, and are affirmed under penalties of
perjury, without the "United States", under the laws of the
United States of America, per 28 USC 1746(1).
Notice to principals is notice to agents.
Notice to agents is notice to principals.
Letters to Social Security Administration:
Page 44 of 153
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
attachments:
Personal Earnings and Benefit Estimate Statement
for John E. Trumane, November 29, 1988
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
Copies: [see next page]
Letters to Social Security Administration:
Page 45 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this DEMAND FOR
PAYMENT and ACTUAL AND CONSTRUCTIVE NOTICE have been made on
interested parties by mailing one copy thereof, on this fifth day
of October, 1982, in a sealed envelope with postage prepaid,
properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Speaker of the House
House of Representatives
Washington, D.C.
Postal Zone 20505/tdc
Attorney General
State of California
P. O. Box 944255
Sacramento, California
Postal Zone 94244-2550/tdc
Attorney General
Justice Department
Washington, D.C.
Postal Zone 20530/tdc
Department of Health and Human Services
200 Independence Avenue
Washington, D.C.
Postal Zone 20201/tdc
Commissioner of IRS
1111 Constitution Avenue, N.W.
Washington, D.C.
Postal Zone 20224/tdc
Letters to Social Security Administration:
Page 46 of 153
The Federal Reserve Bank, Inc.
20th and Constitution Ave., N.W.
Washington, D.C.
Postal Zone 20551/tdc
Secretary of the Treasury
State of California
915 Capitol Mall
Sacramento, California
Postal Zone 95814/tdc
Senator Alan Cranston
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Senator John Seymour
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Representative Barbara Boxer
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Dated October 5, 1982
/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.
Letters to Social Security Administration:
Page 47 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o USPS General Delivery
San Rafael
California state
zip code exempt
(DMM 122.32)
June 5, 1983
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT (see attached)
ACTUAL AND CONSTRUCTIVE NOTICE (see attached)
Dear Ms. King:
Please take notice that this letter and all attached
documents contain among other things a second DEMAND FOR PAYMENT
in addition to a second ACTUAL AND CONSTRUCTIVE NOTICE hereby
served on your person and on the other persons listed in the
attached CERTIFICATES OF SERVICE BY MAIL.
CONSPICUOUS NOTICE:
In order to be valid, all future written communications to
me must explicitly acknowledge the fact that I inhabit California
state, not the arbitrary federal district known as "CA". Failure
to recognize this fact necessarily must invalidate any and all
future service of process and/or other written communications
which fail to exhibit the correct mailing location, to wit:
John E. Trumane
Sovereign Sui Juris
c/o General Delivery
San Rafael, California state
zip code exempt (DMM 122.32)
Please take notice that I formally object to your use of an
unqualified ZIP code when addressing mail to me, if such ZIP
codes could be construed to mean that I am "subject" in any way
to the "United States". I am consistently informed by employees
of the U.S. Postal Service that the only purpose of ZIP codes is
to expedite the delivery of mail. Instead, I hereby repeat my
demand that you utilize the above mailing location, exactly as
shown, in any and all future correspondence with me.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Sovereign Sui Juris
all rights reserved
Letters to Social Security Administration:
Page 48 of 153
attachments:
[see next page]
copies:
[see pages 3 and 4, infra]
Letters to Social Security Administration:
Page 49 of 153
attachments to first NOTICE and DEMAND previously served:
Demand for Payment, Actual and Constructive Notice,
October 5, 1982
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
copies:
[see next page]
Letters to Social Security Administration:
Page 50 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested party(s) by mailing one copy thereof, on this
seventh day of June, 1983, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx to:
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Copies under separate cover to:
Commissioner of Internal Revenue
1111 Constitution Avenue, N.W.
Washington, D.C.
Representative Lynn Woolsey
House of Representatives
Washington, D.C.
Dated: June 7, 1983
/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.
Letters to Social Security Administration:
Page 51 of 153
Certified Mail #P xxx xxx xxx c/o General Delivery
Return Receipt Requested San Rafael
California state
zip code exempt
(DMM 122.32)
June 5, 1983
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT
ACTUAL AND CONSTRUCTIVE NOTICE
Dear Ms. King:
This is my second lawful and formal DEMAND FOR PAYMENT of
Social Security taxes unlawfully withheld from my untaxable
personal compensation that was exempt from tax under the
fundamental Law during the calendar years 1965 to 1986,
inclusive. The total amount of this demand is itemized as
follows:
Social Security Taxes Unlawfully Withheld by SSA
from John E. Trumane, itemized as follows:
Year Amount and Type of Tax Withheld Total
1986 $3,003 social security taxes $3,003
1985 2,971 " " " 2,971
1984 1,074 " " " 1,074
1983 503 " " " 503
1982 1,285 " " " 1,285
1981 1,975 " " " 1,975
1980 1,587 " " " 1,587
1979 992 " " " 992
1978 1,070 " " " 1,070
1977 965 " " " 965
1976 822 " " " 822
1975 0 " " " 0
1974 672 " " " 672
1973 418 " " " 418
1972 0 " " " 0
1971 75 " " " 75
1970 55 " " " 55
1969 29 " " " 29
1968 96 " " " 96
1967 47 " " " 47
1966 36 " " " 36
1965 13 " " " 13
------
TOTAL AMOUNT DUE: $17,688
=======
Letters to Social Security Administration:
Page 52 of 153
The above yearly amounts were taken from the statement
entitled "Personal Earnings and Benefit Estimate Statement", form
number SSA-7005 (06-88), dated November 29, 1988 and signed by
Dorcas R. Hardy, Commissioner of Social Security (copy attached).
Please take note of my prior communications to the Social
Security Administration, in which I have reiterated this demand
without claim for any interest or increment for inflation.
ACTUAL AND CONSTRUCTIVE NOTICE
This is my formal reply to your letter date-stamped August
13, 1982. Please take notice of the fact that I am a de jure
California State Citizen, not a de facto federal citizen under
the so-called 14th Amendment, nor a ward of the Congress who has
a taxable citizenship through Social Security or any other
governmental privilege or franchise. No governmental agency has
power of attorney over me or my property.
This letter and all attachments are based upon the principle
that a contract is "Null and Void Ab Initio" in the case of fraud
at its inception, and it need not be formally rescinded as a
prerequisite to a right of avoidance. See court authority in the
case of Bonacci v. Massachusetts Bonding and Insurance Co., 58
Cal 2d 657, 664; 137 P.2d 487 (1943).
Therefore, I again demand that you remove my name and number
from your system of records, and that you notify any and all
affected governmental agencies that I am not subject to, nor am I
required to have, a Social Security number or account. I also
demand that your agency return all property that was taken from
me by your use of various elements of fraud (see TOTAL AMOUNT DUE
as shown in the above DEMAND FOR PAYMENT).
This letter and attachments, and all previous letters,
affidavits, declarations and affirmations sent to you, the Social
Security Administration and/or the Department of Health and Human
Services, or any other governmental agency (all of which
documents are incorporated by this reference as if set forth
fully herein), are conclusive and direct evidence of fraud which
has not and cannot be refuted by any legal means. Therefore, as
such, these documents now constitute conclusive evidence of
admissions and confessions of fraud and entrapment in any court
of law or in any other proceedings.
These documents are hereby deemed to be your "means of
knowledge". The means of knowledge, especially when knowledge
consists of public records, is deemed in law to be "knowledge of
the facts". If it appears on record that an individual had
notice or information of circumstances which would cause him to
inquire and which, if followed, would lead to knowledge, or if it
appears that the facts were presumptively within his knowledge,
then he will be deemed to have had actual knowledge of the facts
and may be subsequently liable for any damage or injury. You,
therefore, Gwendolyn S. King, have been given "knowledge of the
facts" as they pertain to this conspiracy to commit a fraud
against me and my property.
Letters to Social Security Administration:
Page 53 of 153
This is an actual and constructive notice under California
Civil Code (CCC), Sections 18 and 19, that if you fail to obey
the law and if you continue to aid and abet the conspiracy, by
use of fraud, entrapment and misrepresentation, to deprive me of
my de jure state Citizenship and vested property rights, then you
will thereby cause me further damage and injury. This will
require me to take whatever action I deem is necessary and lawful
to effect a remedy.
You will take formal notice of the fact that I am a white,
natural born state Citizen who is executing this ACTUAL AND
CONSTRUCTIVE NOTICE. If called upon as a witness, I will testify
to the following facts, which I believe to be true and correct,
to the best of my knowledge and understanding:
There is NO LAW that would or could compel me to participate
in the perpetration of a fraud. There is no provision in the
Social Security Act that would not allow me, a white natural born
state Citizen, to refrain and withdraw from participating in the
Social Security System, which is based upon CONSTRUCTIVE FRAUD as
evidenced by the facts as stated in all attached documents and by
the additional facts which are stated below.
My true status and intent is to be a Common-Law State
Citizen as established by the Preamble and the original
Constitution for the United States of America (1787) and the
original Constitution of California state (1849). Thus, for all
the reasons stated herein and elsewhere, I hereby reaffirm my
right to rescind, revoke and render null and void nunc pro tunc,
as previously established, the number xxx-xx-xxxx in application,
in body, and in account.
I hereby charge that the Social Security Administration and
the Congress of the United States, with full knowledge of the
following facts, and with willful and full intent to do so:
1. Did not reveal the truth that the Social Security Act is a
compulsory excise tax under Title II and VIII which only
creates a revocable statutory right. See "Hearings before a
Subcommittee of the Committee on Ways and Means, House of
Representatives, 83rd Congress, First Session, on the Legal
Status of OASI Benefits", dated November 27, 1953, Part 6,
pages 906, 932, 963. This reference incorporates fully and
makes Part 6 a part of this ACTUAL AND CONSTRUCTIVE NOTICE.
2. Did not reveal the truth that the Social Security Act IS NOT
insurance and does not go into a separate trust fund, nor
does it create any vested rights. (See supra, page 1014;
see also Fleming v. Nestor, 363 U.S. 603, 610 (1960).)
3. Did deliberately and willfully withhold the information
that, upon obtaining a Social Security Number (SSN), a white
natural born state Citizen would be required, for the rest
of his working life, to pay over 50% of his wages acquired
in exchange quid pro quo, as an income tax, as instigated
and established for the profit of the Federal Reserve Banks.
Letters to Social Security Administration:
Page 54 of 153
4. Did not reveal and disclose the truth that, upon obtaining a
SSN, a white natural born State Citizen would lose his
primary State Citizenship, his Privileges and his
Immunities, and become instead a business entity under
Social Security, and an enfranchised person under the
so-called 14th Amendment, and would lose access to his
Constitutional Rights as guaranteed by the Bill of Rights,
Amendments 1 through 10; and instead he would become a
federal citizen and receive privileges and immunities which
are revocable at the whim and pleasure of the Congress.
(See Section 1104 of the Social Security Act, and Article I,
Section 7 of the California Constitution, and so-called
Amendment 14 of the U.S. Constitution.)
5. Did not reveal and disclose the truth that the SSN would be
used for the absolute control of the "citizens of the United
States" under the so-called 14th Amendment, as evidenced by
various orders instituted by the Internal Revenue Service
(similar to Nazi Concentration Camp numbers or federal
serial numbers).
6. Have willfully and deliberately utilized Section 1104 of the
Social Security Act to deprive over 250 million people of
their statutory rights and property, as established by the
original Social Security Act.
7. Have, by utilizing constructive fraud by non-disclosure,
deceit, coercion, intimidation, duress and outright lying,
defrauded me of my Common-Law Citizenship and also my
inalienable/unalienable rights to life, liberty and property
at the instigation of the Federal Reserve Banks for the
profit of the Class A Stockholders of those banks.
8. Have willfully and deliberately failed to disclose the above
information and do still continue to state that Social
Security is "voluntary" and "insurance" when, in fact, it is
not and, in fact and operation, it is administered as a
compulsory excise tax; and thus to compel me to surrender
my constitutional state Citizenship and to deprive me of my
Privileges and Immunities as a sovereign state Citizen, in
order to be regulated and to pay an "income tax" for the
profit of the Federal Reserve Banks, is outright fraud being
instituted by the U.S. Congress, the Department of Health
and Human Services, the Internal Revenue Service and the
Federal Reserve Banks Inc., with the assistance and approval
of the U.S. Attorney General's Office, with the intent to
establish the ten (10) planks of the Communist Manifesto
within the United States as they are now in operation, and
to abolish the intent of the United States Constitution, as
it was originally established by our founding Fathers,
namely, to ordain and establish a Republic, NOT a
socialistic Slave State for the enrichment of the Class A
Stockholders of the Federal Reserve banks.
Letters to Social Security Administration:
Page 55 of 153
9. Have 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 in the U.S. Constitution,
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); 28 Tulane
Law Review 22; 11 South Carolina Law Quarterly 484.)
Neither Congress nor the Social Security Administration nor
the Federal Reserve banks had any lawful authority to compel me
to apply for a Social Security account and number.
Upon application for a Social Security account and number,
there was a hidden assumpsit that I became "subject to the
jurisdiction of the United States" and thereby became entitled to
the privileges and immunities granted by the so-called 14th
Amendment, whereby the Congress, the Social Security
Administration and the Internal Revenue Service could command my
specific performance to discharge any of their third-party debts
and obligations.
The Social Security contract (SS-5) is not an insurance
contract. There is no separate fund or account for each
participant. The contract violates federal statutes (see, e.g.,
Title 18, RICO statutes). I have rescinded my original SS-5
application. I am holding it voidable and IT IS VOID as to the
issuing party. Every consideration that arose out of that
contract must be returned to me, the lawful owner.
I HEREBY COMMAND THE SOCIAL SECURITY ADMINISTRATION TO
RETURN ALL SUCH CONSIDERATIONS AS ITEMIZED ABOVE.
This is also an ACTUAL AND CONSTRUCTIVE NOTICE to all
concerned agencies, both State and Federal, that I, John E.
Trumane, a white natural born common-law state Citizen, now a
Citizen of California state, having no known legal franchise that
would cloud my position, hereby give notice to all concerned
agencies that their failure to refute each and every point by
substantive proof will be considered admissions and confessions
and shall establish estoppel by silence and/or acquiescence.
The continued deprivation of my substantive rights, my
vested property rights and my property as a Citizen of California
state, will cause me further injury and damage, and will have to
be remedied by whatever actions deemed necessary and lawful.
All of the above statements are true and correct, to the
best of my current knowledge, and are affirmed under penalties of
perjury, without the "United States", under the laws of the
United States of America, per 28 USC 1746(1).
Notice to principals is notice to agents.
Notice to agents is notice to principals.
Letters to Social Security Administration:
Page 56 of 153
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Sovereign Sui Juris
all rights reserved
attachments to first NOTICE and DEMAND previously served:
Personal Earnings and Benefit Estimate Statement
for John E. Trumane, November 29, 1988
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
Copies:
[see next page]
Letters to Social Security Administration:
Page 57 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this second DEMAND
FOR PAYMENT and ACTUAL AND CONSTRUCTIVE NOTICE has been made on
interested party(s) by mailing one copy thereof, on this seventh
day of June, 1983, in a sealed envelope with postage prepaid,
properly addressed to them as follows:
Certified Mail #P xxx xxx xxx to:
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Copies under separate cover to:
Commissioner of Internal Revenue
1111 Constitution Avenue, N.W.
Washington, D.C.
Representative Lynn Woolsey
House of Representatives
Washington, D.C.
Dated: June 7, 1983
/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.
Letters to Social Security Administration:
Page 58 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this AFFIDAVIT has
been made on interested parties by mailing one copy thereof, on
this twenty-third day of March, 1982, in a sealed envelope with
postage prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dated March 23, 1982
/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.
Letters to Social Security Administration:
Page 59 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
twenty-third day of March, 1982, in a sealed envelope with
postage prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dated March 23, 1982
/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.
Letters to Social Security Administration:
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Certified Mail Number: __________________________________________
Date: __________________________________________
FROM: John E. Trumane
c/o General Delivery
County of Marin
San Rafael, California state
united States of America
TO: Social Security Administration
OCRO
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dear Director:
I am writing you pursuant to the enclosed "Request for
Withdrawal of Application", Form SSA-521, OMB #0960-0015,
pursuant to 20 CFR 422.1 through 422.527.
I have never been required to have, hold and/or obtain a
Social Security account number. Yet, by government's usage of
undue influence concerning a birth registration and employment
applications, I was misled to believe mistakenly that a Citizen
in one of the several united States of America was required to
have such an identification number and/or account. I have never
been naturalized by Congress, nor are any of my rights conferred
by Congress, because I am a natural born Citizen (see 2:1:5 in
the U.S. Constitution) and a white male inhabitant in California
state.
It is quite obvious to me now that the U.S. Constitution
does not grant to Congress the power to legislate for, or
against, any of the independent sovereign States within the Union
of America. Congress can legislate by usage, and under the scope
and purview, of the so-called 14th Amendment, under which courts
have determined that Congress was enabled to govern artificial
persons or entities, which I am not. Moreover, Congress has
exclusive legislative jurisdiction over its territories,
possessions and enclaves only by virtue of the authorities
granted to it by Article 1, Section 8, Clause 17 and Article 4,
Section 3, Clause 2 in the U.S. Constitution.
I have recently had a physical examination and my learned
doctor has told me that I am white, I am an adult, I am a human
being, and I have always been such ever since my birth in
Worcester, Massachusetts on June 21, 1948. At no time in my life
have I ever consented with foreknowledge to being an artificial
entity, such as is a creation of Congress or of the "United
States", or a Federal citizen, nor was I born in the "United
States", nor have I ever been a resident of the "United States".
The birth and Social Security registrations that were forced
upon me, without my consent of majority and without knowingly
intelligent acts on my part, are therefore null and void, ab
initio.
Letters to Social Security Administration:
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I refuse to be considered as a stranger in California state,
such as a "United States citizen" or a "resident alien". I have
never received, nor made application for, any type of related
Social Security benefits. I do not vote and therefore I have
never knowingly, intentionally and voluntarily consented to these
purported Social Security benefits given by Congress. I cannot
and will not accept any such quasi contractual agreements,
particularly when all associated terms and conditions were not
fully disclosed to me. My arguments of law are as follows:
THE CODE OF LAWS OF THE
UNITED STATES OF AMERICA
TITLE 1 -- GENERAL PROVISIONS
CHAPTER 1 -- RULES OF CONSTRUCTION
Sec. 1. Words denoting number, gender, and so forth.
In determining the meaning of any Act of Congress, unless
the context indicates otherwise -- words importing the
singular include and apply to several persons, parties or
things; words importing the plural include the singular;
In reviewing the definition of "State" in Section 1101 of
the Social Security Act, we find that the Congress, when they
were utilizing a special definition of "State", only wanted to
"include" those three specifically defined Federal State(s),
(except when used in Section 531) and no more! (You are invited
to read Section 531 for yourself.)
In this next review, we see that the definition of the
"United States" uses a somewhat different construction:
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TITLE XI -- GENERAL PROVISIONS
DEFINITIONS
Section 1101(a)
(2) The term "United States" when used in a geographical
sense means the state(s), Alaska, Hawaii, and the District
of Columbia.
As you can see, for purposes of statutory construction and
for clearer interpretation, it is necessary for me to emphasize
the "(s)" in "state(s)" . The term "United States" still defines
only the "federal state(s)", and no more; otherwise, Congress
would have been specific. The "Ejusdem Generis Rule" must be
applied to this construction:
Ejusdem Generis. Of the same kind, class, or nature.
In the construction of laws, wills, and other instruments,
the "ejusdem generis rule" is, that where general words
follow an enumeration of persons or things, by words of a
particular and specific meaning, such general words are not
to be construed in their widest extent, but are to be held
as applying only to persons or things of the same general
class as those specifically mentioned.
[Black's Law Dictionary, Third Edition, 1933, page 645]
[see also Bouvier's Law Dictionary, 1914, page 979]
and ...
Noscitur a Sociis. It is known from its associates.
The meaning of a word is or may be known from the
accompanying words. 3 Term R. 87; Brown, Max 588. Under
this rule general and specific words, capable of analogous
meaning, when associated together, take color from each
other, so that general words are restricted to a sense
analogous to less general ....
[Black's Law Dictionary, Third Edition, 1933, page 1256]
For further emphasis on this point, we find that the cross-
reference to Section 1101(a) of the original Social Security Act
has survived and was re-codified into Title 42, United States
Code, Chapter 7 and appears in Sections 1301(a)(1) and (2). We
shall now review this very important section:
TITLE 42 UNITED STATES CODE
THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 -- SOCIAL SECURITY
SUBCHAPTER XI -- GENERAL PROVISIONS
(1982 edition)
Section 1301(a) When used in this chapter --
(1) The term "STATE", except where otherwise provided,
INCLUDES the District of Columbia and the Commonwealth of
Puerto Rico, and when used in subchapters IV, V, VII, XI,
and XIX of this chapter INCLUDES the Virgin Islands and
Guam. Such term when used in subchapters III, IX, and XII
of this chapter ALSO INCLUDES the Virgin Islands. Such term
when used in subchapter V and in Part B of this subchapter
of this chapter ALSO INCLUDES American Samoa, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands. Such term when used in subchapter XIX of this
chapter ALSO INCLUDES the Northern Mariana Islands and
American Samoa. In the case of Puerto Rico, the Virgin
Islands, and Guam, subchapters I, X, and XIV, and subchapter
XVI of this chapter (as in effect without regard to the
amendment made by section 301 of the Social Security
Amendments of 1972) shall continue to apply, and the term
"STATE" when used in such subchapters (but not in subchapter
XVI of this chapter as in effect pursuant to such amendment
after December 31, 1973) INCLUDES Puerto Rico, the Virgin
Islands, and Guam. Such term when used in subchapter XX of
this chapter ALSO INCLUDES the Virgin Islands, Guam, and the
Northern Mariana Islands.
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(2) The term "UNITED STATES" when used in a
geographical sense MEANS, except when otherwise provided,
the STATES.
(8)(A) The "Federal percentage" for any State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be 100
per centum less the State percentage; and the State
Percentage shall be that percentage which bears the same
ratio to 50 per centum as the square of the per capita
income of such State bears to the square of the per capital
income of the United States; except that the Federal
percentage shall in no case be less than 50 per centum or
more than 65 per centum.
(8)(B) The Federal percentage for each State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be
promulgated by the Secretary between October 1 and November
30 of each even-numbered year, on the basis of the average
per capital income for EACH State AND of the United States
for the three most recent calendar years for which
satisfactory data are available from the Department of
Commerce. Such promulgation shall be conclusive for each of
the eight quarters in the period beginning October 1 next
succeeding such promulgation: Provided, That the Secretary
shall promulgate such percentages as soon as possible after
August 28, 1958, which promulgation shall be conclusive for
each of the eleven quarters in the period beginning October
1, 1958, and ending with the close of June 30, 1961.
(8)(C) The term "United States" MEANS (but ONLY for
purposes of subparagraphs (A) and (B) of this paragraph) THE
FIFTY STATES and the District of Columbia. [emphasis added]
[see also Compilation of the Social Security Laws]
[98th Congress, 2nd Session, Committee Print]
[through April 1, 1984, pages 397 and 398]
When the original Social Security Act was written, Alaska
and Hawaii were Territories (Federal States), but today they are
each one of the 50 States of the Union. When Section 1101(a) is
laid alongside its surviving Title 42, Chapter 7, Section
1301(a), we see that its substance survived completely intact ...
... except Section 1301(a)(8)(C). Here is a Section that
was not applicable, therefore, it was not used in the original
Act, from which the "48 States" were "excluded".
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If you read carefully the portions marked 8(A) and 8(B), you
will clearly understand why this specific definition had to be
"included". The construction of the terms "State" and "United
States" in subparagraph 8(A) is more prima facie evidence that
the Social Security Act of the 74th Congress, Session 1, August
14, 1935, as recorded in Chapter 531 of the United States
Statutes At Large, was and is intended to operate "within the
Federal United States ONLY" (per definition).
If you have very carefully read the original Social Security
Act, you will discover that the term "United States" is used
thirty-four (34) times and never, ever gives the slightest
suggestion that it embraced the Forty-Eight (48) Sovereign States
of the United States of America which existed in the year 1935.
Hopefully, you have carefully read all of the preceding, and
have laid the original Sections 1101(a)(1) and 1101(a)(2)
alongside 42 U.S.C. 1301(a)(1) and 1301(a)(2) as they presently
read. It is obvious that our 50 Sovereign States have derogated
their sovereignty by voluntarily requesting admission into the
"Federal System of National Socialism". This system was written
under the authority of Article 1, Section 8, Clause 17 and
Article 4, Section 3, Clause 2, of the U.S. Constitution. These
expressed authorities were given only out of necessity to provide
the general government with some sort of ability to protect the
Congress assembled.
In the most extreme contemplation of the Constitution, our
Founding Fathers never envisioned that these two Clauses (1:8:17
and 4:3:2) could have been utilized to impose their expressed
Legislative Powers upon the second highest Sovereignty, that
being the States of the Union (the highest being "We the
People"). Considering the proceedings of the convention, the
same observation is pertinent which we have previously made as to
the 50 States. The Continental Congress never considered it to
be possible for these two clauses to be utilized so as to
derogate the Supreme Sovereignty of "We the People".
If the average man were to read the Revenue Laws and accept
them at face value, it would appear that the government has all
the advantages and that the entire Title 26 could be interpreted
at the whim and caprice of the Revenue Agents. But, this is not
the case. The chains of the Constitution do not allow this, and
Congress could not and did not enact most of these Revenue Laws
for the Sovereigns within the 50 States. When Congress included
a particular Revenue Act into Title 26, U.S.C., they were
specific and definitive in stating upon whom that Revenue Act had
effect, as you will see from the following:
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UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE CODE
SUBTITLE D -- MISCELLANEOUS EXCISE TAXES
CHAPTER 38 -- Environmental Taxes
Subchapter A -- Tax on Petroleum
Section 4611. Imposition of Tax.
(a) General Rule. -- There is hereby imposed a tax at the
rate specified in subsection (c) on --
(1) crude oil received at a United States Refinery,
and
(2) petroleum products entered into the United States
for consumption, use or warehousing.
Section 4612. Definitions and Special Rules.
(a) Definitions. -- For purposes of this subchapter --
(4) United States. --
(A) In General. -- The term "United States" means
the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, any possession
of the United States, the Commonwealth of the
Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
The preceding is a true Import Tax, as allowed by the
Constitution. It contains all the indicia of being uniform, and
therefore it passes the Constitutionality test and can operate
within the 50 Sovereign States (see 1:8:1). The language of this
Revenue Act is simple, specific and definitive, and it would be
impossible to attach the "void for vagueness" doctrine to it.
When we consider Section 4612 and examine the evidence
presented in this Chapter and Chapter 4, it is clear, when
writing the Social Security Act, Congress intended this Revenue
Act to operate only within the "Federal United States" (per
definition)! The intent of Congress shall not be added to or
subtracted from. If a Revenue Act is enacted into Law within the
guidelines of the Constitution, then we must obey the Law.
The following is another Revenue Act that contains
definitions that could be misunderstood if you were not thorough
enough in your research, especially when we contemplate the term
"United States". Please study the provisions of this Revenue Act
and you will see that the definitions are in contradistinction to
the definitions generally used within Subtitles "A", "B", and "C"
of the United States Code, Title 26:
Letters to Social Security Administration:
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UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE CODE
SUBTITLE D -- MISCELLANEOUS EXCISE TAXES
CHAPTER 38 -- Environmental Taxes
Subchapter B -- Tax on Certain Chemicals
Section 4661. Imposition of Tax.
(a) General Rule. -- There is hereby imposed a tax on any
taxable chemical sold by the manufacturer, producer, or
importer thereof.
Section 4662. Definitions and Special Rules.
(a) Definitions. -- For purposes of this subchapter --
(2) United States. -- The term "United States" has the
meaning given such term by section 4612(a)(4).
I believe our Supreme Court can close this portion more
eloquently then I:
Keeping in mind the well settled rule that the citizen is
exempt from taxation unless the same is imposed by clear and
unequivocal language, and that where the construction of a
tax law is doubtful, the doubt is to be resolved in favor of
those upon whom the tax is sought to be laid.
[Spreckels Sugar Refining Co. v. McLain, 192 U.S. 397, 416]
[emphasis added]
In the interpretation of statutes levying taxes it is the
established rule not to extend their provisions, by
implication, beyond the clear import of the language used,
or to enlarge their operations so as to embrace matters not
specifically pointed out. In case of doubt they are
construed most strongly against the Government, and in favor
of the citizen.
[U.S. v. Wigglesworth, 2 Story 369]
[emphasis added]
See also Benziger v. U.S., 192 U.S. 38, 55, and Gould v. Gould,
245 U.S. 151, 153 (1917).
SOCIAL SECURITY
We shall now address our attention to our indentured fellow
Citizens, known in the business world as entrepreneurs. These
"rugged individuals" still have a flicker of the candle that
burned ever so brightly in the early days of our beloved
Republic. Today, the country knows these "solid men" as being in
"Free Enterprise". The Federal Government, the Internal Revenue
Service and the Tax Code (Title 26 U.S.C.) define the
aforementioned as "self-employed".
Before we proceed to examine this tax, let us lay some
ground work. We must hold in our mind that this tax is a Social
Security Tax; its foundation is within the Social Security Act
in Pari Materia, as follows:
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Pari Materia. Latin. Of the same matter; on the same
subject; as, laws pari materia must be construed with
reference to each other. Bac. Abr. "Statute," 1, 3.
[Black's Law Dictionary, Third Edition (1933), page 1324]
First, I would like to refresh your memory by recalling the
definition of "State(s)" and "United States" as those terms are
used in the Social Security Act. We shall use the master
definition as exhibited in Section 1301 of Title 42, United
States Code:
TITLE 42 UNITED STATES CODE
THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 -- SOCIAL SECURITY
SUBCHAPTER XI -- GENERAL PROVISIONS
(1982 edition)
Section 1301(a) When used in this chapter --
(1) The term "STATE", except where otherwise provided,
INCLUDES the District of Columbia and the Commonwealth of
Puerto Rico, and when used in subchapters IV, V, VII, XI,
and XIX of this chapter INCLUDES the Virgin Islands and
Guam. Such term when used in subchapters III, IX, and XII
of this chapter ALSO INCLUDES the Virgin Islands. Such term
when used in subchapter V and in Part B of this subchapter
of this chapter ALSO INCLUDES American Samoa, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands. Such term when used in subchapter XIX of this
chapter ALSO INCLUDES the Northern Mariana Islands and
American Samoa. In the case of Puerto Rico, the Virgin
Islands, and Guam, subchapters I, X, and XIV, and subchapter
XVI of this chapter (as in effect without regard to the
amendment made by section 301 of the Social Security
Amendments of 1972) shall continue to apply, and the term
"STATE" when used in such subchapters (but not in subchapter
XVI of this chapter as in effect pursuant to such amendment
after December 31, 1973) INCLUDES Puerto Rico, the Virgin
Islands, and Guam. Such term when used in subchapter XX of
this chapter ALSO INCLUDES the Virgin Islands, Guam, and the
Northern Mariana Islands.
(2) The term "UNITED STATES" when used in a
geographical sense MEANS, except when otherwise provided,
the STATES.
(8)(A) The "Federal percentage" for any State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be 100
per centum less the State percentage; and the Stage
Percentage shall be that percentage which bears the same
ratio to 50 per centum as the square of the per capita
income of such State bears to the square of the per capital
income of the United States; except that the Federal
percentage shall in no case be less than 50 per centum or
more than 65 per centum.
Letters to Social Security Administration:
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(8)(B) The Federal percentage for each State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be
promulgated by the Secretary between October 1 and November
30 of each even-numbered year, on the basis of the average
per capital income for EACH State AND of the United States
for the three most recent calendar years for which
satisfactory data are available from the Department of
Commerce. Such promulgation shall be conclusive for each of
the eight quarters in the period beginning October 1 next
succeeding such promulgation: Provided, That the Secretary
shall promulgate such percentages as soon as possible after
August 28, 1958, which promulgation shall be conclusive for
each of the eleven quarters in the period beginning October
1, 1958, and ending with the close of June 30, 1961.
(8)(C) The term "United States" MEANS (but ONLY for
purposes of subparagraphs (A) and (B) of this paragraph) THE
FIFTY STATES and the District of Columbia. [emphasis added]
[see also Compilation of the Social Security Laws]
[98th Congress, 2nd Session, Committee Print]
[through April 1, 1984, pages 397 and 398]
We will use a slightly different approach in this Section,
but we will adhere to the same principles used previously.
The following is a Federal Land Area Chart which will
clearly identify what we are discussing when we refer to the
"Federal United State(s)". The following will be taken from
Section 1301 of Title 42. These land areas will be designated as
"Federal State(s)", or "Federal Possession(s)":
FEDERAL LAND AREA CHART
(1) District of Columbia .......................... Federal State
(2) Commonwealth of Puerto Rico ................... Federal State
(3) Virgin Islands ................................ Federal State
(4) Guam .......................................... Federal State
(5) American Samoa ................................ Federal State
(6) Northern Mariana Islands ................. Federal Possession
(7) Trust Territory of the Pacific Islands ... Federal Possession
Inclusive of the aforementioned Federal State(s) and Federal
Possession(s), the exclusive legislative jurisdiction of Congress
also extends over all places purchased by the consent of the
Legislature of one of the 50 State(s), in which the same shall
be, for the erection of forts, magazines, arsenals, dock-yards,
and other needful buildings (see 1:8:17 in U.S. Constitution).
There are many "land areas" within the 50 States that are
managed by the Federal Government, but "exclusive" legislative
jurisdiction is not always retained in each instance by the
Federal Government.
I would like to make a few more entries for the Director's
future reference. The following are located in the United States
Code, Title 26:
Letters to Social Security Administration:
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Section 2014(g) Possession of United States Deemed a
Foreign Country. -- For purposes of the credits authorized
by this section, each possession of the United States shall
be deemed to be a foreign country.
and ...
Section 638. Continental Shelf Areas.
For purposes of applying the provisions of this chapter
(including sections 861(a)(3) and 862(a)(3) in the case of
the performance of personal services) with respect to mines,
oil and gas wells, and other natural deposits --
(1) the term "United States" when used in a geographical
sense includes the seabed and subsoil of those
submarine areas which are adjacent to the territorial
waters of the United States and over which the United
States has exclusive rights, in accordance with
international law, with respect to the exploration and
exploitation of natural resources; and
(2) the terms "foreign country" and "possession of the
United States" when used in a geographical sense
include the seabed and subsoil of those submarine areas
which are adjacent to the territorial waters of the
foreign country or such possession and over which the
foreign country (or the United States in case of such
possession) has exclusive rights, in accordance with
international law, with respect to the exploration and
exploitation of natural resources, but this paragraph
shall apply in the case of a foreign country only if it
exercises, directly or indirectly, taxing jurisdiction
with respect to such exploration or exploitation.
No foreign country shall, by reason of the application of
this section, be treated as a country contiguous to the
United States.
and ...
Section 7871. Indian Tribal Governments Treated As States
for Certain Purposes.
(a) General Rule. -- An Indian tribal government shall be
treated as a State -- ...
(d) Treatment of Subdivisions of Indian Tribal Governments
as Political Subdivisions. -- For the purposes
specified in subsection (a), a subdivision of an Indian
tribal government shall be treated as a political
subdivision of a State if (and only if) the Secretary
determines (after consultation with the Secretary of
the Interior) that such subdivision has been delegated
the right to exercise one or more of the substantial
governmental functions of the Indian tribal government.
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Section 7806. Construction of Title.
(a) Cross References. -- The cross references in this title
to other portions of the title, or other provisions of
law, where the word "see" is used, are made only for
convenience, and shall be given no legal effect.
(b) Arrangement and Classification. -- No inference,
implication, or presumption of legislative construction
shall be drawn or made by reason of the location or
grouping of any particular section or provision or
portion of this title, nor shall any table of contents,
table of cross references, or similar outline,
analysis, or descriptive matter relating to the
contents of this title be given any legal effect. The
preceding sentence also applies to the sidenotes and
ancillary tables contained in the various prints of
this Act before its enactment into law.
Let us now look at the Sections of Title 26, United States
Code, which impose these Social Security TAXES upon the
entrepreneurs of the Land of the Free and the Home of the Brave:
UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE CODE
SUBTITLE A -- INCOME TAXES
CHAPTER 2 -- TAX ON SELF-EMPLOYMENT INCOME
Section 1401. Rate of Tax.
(a) Old-Age, Survivors, and Disability Insurance. -- In
addition to other taxes, there shall be imposed for
each taxable year, on the self-employment income of
every individual, a tax equal to the following percent
of the amount of the self-employment income for such
taxable year:
In the case of a taxable year
Beginning after: And before: Percent
December 31, 1983 January 1, 1988 11.40
December 31, 1987 January 1, 1990 12.12
December 31, 1989 12.40
(b) Hospital Insurance. -- In addition to the tax imposed
by the preceding subsection, there shall be imposed for
each taxable year, on the self-employment income of
every individual, a tax equal to the following percent
of the amount of the self-employment income for such
taxable year:
In the case of a taxable year
Beginning after: And before: Percent
December 31, 1983 January 1, 1985 2.60
December 31, 1984 January 1, 1986 2.70
December 31, 1985 2.90
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Please read closely Section (a) of the preceding, then read
the heading of this portion of the Code. It is easy to see that
this is just another tax! Yet, we were told we were buying
"insurance". This is not a premium upon some insurance policy;
this is a tax on, and for, my purported dues for a Franchise
called National Socialism. The "Other Taxes" imposed in this
very same Subtitle are taxes upon any additional profits I might
make because of the limited liability the purported sovereign
offers me through this scheme. The Inheritance Taxes are in
Subtitle B. I know this purported sovereign will not allow me to
devolve my share to my Posterity before this sovereign receives a
pledge from my posterity.
The following may appear complicated, but if you will please
bear with me, we can successfully wade through this esoteric
mess, and we will reach the obvious conclusion, as follows:
We shall begin by determining how the Congress defined
self-employment:
Section 1402.
(b) Self-Employment Income. -- The term "self-employment
income" means the net earnings from self-employment
derived by an individual (other than a nonresident
alien individual, except as provided by an agreement
under section 233 of the Social Security Act) during
any taxable year .... An individual who is not a
citizen of the United States but who is a resident of
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, or American Samoa shall not, for purposes of this
chapter be considered to be a nonresident alien
individual.
See also Title 42, United States Code, Chapter 7, Section 411(b).
If an individual is a "Nonresident Alien", he would not be
subject to this tax! The Government has made a big thing out of
the status of this individual, someone who doesn't live in the
"United States" and who is a foreigner. Of course, determining
the status of this "nonresident alien" would be the obvious place
to begin an investigation, in order to discover how lawfully to
avoid paying this tax. Evidently, this "nonresident alien" is an
individual who doesn't live "here" and who is not a "citizen",
but who must have a lot of influence over Congress.
First, we should see what the dictionaries have to say about
this fellow who appears to have all these special privileges and
advantages. In the past, these special privileges and advantages
have been denied to the undersigned, a free white male now
domiciled, sustaining his life by "Private Enterprise" as a
Sovereign At Law in Marin County, California state.
Letters to Social Security Administration:
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DEFINITIONS
WEBSTER'S SEVENTH
NEW COLLEGIATE DICTIONARY
1972
non-res-i-dence \ also non-res-i-den-cy \ n: the state or
fact of not residing in a particular place -- non-resident
and ...
1 alien \ n, 1 a: belonging or relating to another person or
place : STRANGE b: relating, belonging, or owing allegiance
to another country or government : FOREIGN 2: different in
nature or character.
2 alien \ n, 1: a person of another family, race, or nation
2: a foreign-born resident who has not been naturalized and
is still a subject or citizen of a foreign country;
broadly: a foreign-born citizen.
BLACK'S LAW DICTIONARY
SIXTH EDITION
1990
Non-resident. One who does not reside within jurisdiction
in question; not an inhabitant of the state of the forum.
Special rules govern service of process on non-residents;
e.g. Fed. R. Civil. P. 4(e). See Long arm statutes.
Non-resident alien. One who is neither a resident nor a
citizen of the United States. Citizenship is determined
under the federal immigration and nationalization laws (U.S.
Code, Title 8.)
BLACK'S LAW DICTIONARY
THIRD EDITION
1933
Non-resident. One who is not a dweller within jurisdiction
in question; not an inhabitant of the state of the forum.
and ...
Alien. n. A foreigner; one born abroad; a person resident
in one country, but owing allegiance to another. In England,
one born out of the allegiance of the king. In the United
States, one born out of the jurisdiction of the United
States, and who has not been naturalized under the
constitution and laws.
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BOUVIER'S LAW DICTIONARY
AND CONCISE ENCYCLOPEDIA
1914
Non-resident. Not residing in the jurisdiction. Service of
process on non-residents is void, excepting cases which
proceed in rem, such as proceedings in admiralty or by
foreign attachment, and the like, or where the property in
litigation is within the jurisdiction of the court.
One does not necessarily become a non-resident by absconding
or absenting himself from his place of abode, Lindsey v.
Dixon, 52 Mo. App. 291; nor does a mere casual or temporary
absence on business or pleasure render one a non-resident,
even if he may not have a house of usual abode in the state,
Crawford v. Wilson, 4 Barb. (N.Y.) 504; if there is no
intent to change his residence, Fitzgerald v. McMurran, 57
Minn. 313, 59 N.W. 199. But where a man has settled abode,
for the time being, in another state for the purposes of
business or pleasure, he is a non-resident, Hanson v.
Graham, 82 Cal. 631, 23 Pac. 56, 7 L.R.A. 127; and it has
been held that one who departs from the state with his
family and remains absent for about a year is a non-
resident, though he has not acquired a residence elsewhere,
and though he intended to return in a few months;
[page 2359]
and ...
Alien. (Latin alienus, belonging to another; foreign).
A foreigner; one of foreign birth. In England, one born
out of the allegiance of the king. In the United States,
one born out of the jurisdiction of the United States and
who has not been naturalized under their constitution and
laws. 2 Kent 50. [page 172]
Considering the aforementioned definitions of "Nonresident
Alien", we still have an individual who doesn't live here and is
a foreigner. The terms are not consistent with reason and logic.
Why would so much emphasis be put upon this individual: "One who
is neither a resident nor a citizen within the jurisdiction in
question"? You have probably figured out to whom the Congress is
referring, if you have carefully studied and understood the
jurisdictional issues discussed above.
I do not live "within" the geographical areas as defined by
Congress and as previously demonstrated in our Federal Land Area
Chart. I am a Nonresident Alien Individual (per definition) and
I do not owe this tax. The exact same principles that applied to
"Within the United States" at 26 U.S.C. 3121(b) also apply to the
Nonresident Alien described at 26 U.S.C. 1402(b).
It appears that this Nonresident Alien individual, who seems
to have so much influence and awesome authority over Congress,
and who has been exempted by Congress from the taxes imposed by
the Internal Revenue Code, Title 26, is none other than "We the
People", the "Body Politic". Specifically, in the case of a
nonresident alien individual, the quantity "gross income"
includes only gross income which is effectively connected with a
"United States" trade or business, and gross income which is
derived from sources within the "United States" (see 26 U.S.C.
872(a)).
The "Other Taxes" imposed by Section 1401(a) and 1401(b)
have an emphasis on the term "self-employed", the "person(s)"
upon whom Congress intended to lay this "Social Security Tax" in
addition to "Other Taxes".
Letters to Social Security Administration:
Page 74 of 153
There are two additional terms we must define in order to
wade through the Internal Revenue Code. These definitions
complete our search for understanding to whom Congress is
referring when it imposes the Income Tax. Hopefully, our final
definitions are:
"SELF EMPLOYMENT"
AND
"TRADE OR BUSINESS"
Section 1402.
(b) Self-Employment Income. -- The term "self-employment
income" means the net earnings from self-employment
derived by an individual (other than a nonresident
alien individual, except as provided by an agreement
under section 233 of the Social Security Act) .... An
individual who is not a citizen of the United States
but who is a resident of the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, or American Samoa shall
not, for purposes of this chapter be considered to be a
nonresident alien individual.
[26 U.S.C. 1402(b)]
See also 42 U.S.C., Chapter 7, Section 411(b).
As you can see, the residents of the Commonwealth of Puerto
Rico, the Virgin Islands, Guam and American Samoa are not
considered to be Nonresident Alien individuals. By now, this
should be self-explanatory. Throughout our entire decodification
of the Internal Revenue Code, Title 26, we have established that
the Social Security Act was written ONLY for the Federal States
and Possessions.
UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE
SUBTITLE F -- PROCEDURE AND ADMINISTRATION
CHAPTER 79 -- DEFINITIONS
Section 7701. Definitions.
(a) When used in this title, where not otherwise distinctly
expressed or manifestly incompatible with the intent
thereof --
(26) Trade or Business. -- The term "trade or business"
includes the performance of the functions of a
public office.
Letters to Social Security Administration:
Page 75 of 153
and ...
Section 217. Moving Expenses.
(f) Rules for Self-Employed Individuals. --
(1) Definition. -- For purposes of this section, the
term "self-employed individual" means an
individual who performs personal services --
(A) as the owner of the entire interest in an
unincorporated trade or business, or
(B) as a partner in a partnership carrying on a
trade or business.
[26 U.S.C. 217(f)]
and ...
Section 864. Definitions.
(b) Trade or Business within the United States. -- For
purposes of this part, part II, and chapter 3, the term
"trade or business within the United States" includes
the performance of personal services within the United
States at any time within the taxable year, but does
not include --
(1) Performance of Personal Services for Foreign
Employer. -- The performance of personal services
(A) for a nonresident alien individual, foreign
partnership, or foreign corporation, not
engaged in trade or business within the
United States ....
[26 U.S.C. 864(b)]
So, there we have it. We tie the whole thing together, and
we reach the final obvious conclusion: The "Taxes" that are
imposed are imposed upon "Public Officials" that work for the
United States government (per definition).
If you have absorbed anything about our Constitution, you
know that by the use of Article 1, Section 8, Clause 17 and
Article 4, Section 3, Clause 2, the Congress has all the Powers
exclusively, and the Social Security Act was written within, and
for, this jurisdiction. "We the People" were requested to submit
an application and to obtain permission to join this scheme of
National Socialism.
The "Corporation" founded by "We the People", commonly known
as the United States Federal Government, has guaranteed in their
Manifesto, known as Title 42, United States Code, the statutory
right for subjects to receive according to their needs; and with
its extension, known as Title 26, United States Code, subjects
are required to pay according to their abilities.
I will again use documents published by the Federal
Government for this demonstration:
Letters to Social Security Administration:
Page 76 of 153
9.21-1 Meaning of net income
(a) The tax imposed by Title 1 is upon income. Neither
income exempted by statute or fundamental law, nor expenses
incurred in connection therewith, other than interest, enter
into the computation of net income as defined by section 21.
[Code of Federal Regulations, Title 26 (1939), page 1623]
[emphasis added]
If I have and use a Social Security Account Number, can the
"Fundamental Law" portion of Section 9.21-1 apply to me? Answer:
No. Am I compelled to give up my natural rights? Answer: No.
9.22(b)-1 Exemptions; exclusions from gross income.
Certain items of income specified in section 22(b) are
exempt from tax and may be excluded from gross income.
These items, however, are exempt only to the extent and in
the amount specified. No other items are exempt from gross
income except (1) those items of income which are, under the
Constitution not taxable by the Federal Government ....
[Code of Federal Regulations, Title 26 (1939), page 1632]
By a voluntary request for, and voluntary use of, the
Federal Franchise called Social Security, a Sovereign individual
rescinds his rights under the Constitution and allows himself to
be a "subject" of the Congress. This I will not do.
9.54-1 Records and income tax forms.
(a) Every person subject to the tax, except persons whose
gross income (1) consists solely of salary, wages, or
similar compensation for personal services rendered, or (2)
arises solely from the business of growing and selling
products of the soil, shall ... keep such permanent books of
account or records ....
[Code of Federal Regulations, Title 26 (1939), page 1738]
The Social Security Franchise would make me a "taxpayer";
therefore sections 9.21-1, 9.22(b)-1, and 9.54-1 would not apply
to me. My "Wages with respect to Employment" would be the
formula by which the revenue laws measure the taxes. The "Self-
Employed" compensation for personal services rendered by a person
who receives it "From Sources within the United States" is the
formula by which the Revenue Laws measure the taxes. Therefore,
I would be under a duty to keep such books and records, and I
would be required to file a "Tax Return" by regulations
promulgated by the Secretary.
The provisions of Article 1, Section 2, Clause 3 and Article
1, Section 9, Clause 4 and, for that matter, any of the Articles
of the Bill of Rights, which specifically protect the same
individual, are of no value to any individual who applies for,
and uses, a number that encompasses the Social Security scheme!
If I wish to conduct "Private Enterprise", I must do it on
my own, without assistance from government. I have never asked
for assistance, nor will I. Henry Campbell Black defines these
rights as natural rights of Common Law Entrepreneurs:
Letters to Social Security Administration:
Page 77 of 153
Proprietary, n. A proprietor or owner; one who has the
exclusive title to a thing; one who possesses or holds the
title to a thing in his own right. The grantees of
Pennsylvania and Maryland and their heirs were called the
proprietaries of those provinces. Webster.
Proprietary rights. Those rights which an owner of property
has by virtue of his ownership. When proprietary rights are
opposed by acquired rights, such as easements, franchises,
etc., they are more often called "Natural Rights". Sweet.
[Black's Law Dictionary, Third Edition (1933), page 1449]
Therefore, as you can plainly see, you had no authority to
compel me to join Social Security. You had no authority to tell
Citizens in the States of the Union that Social Security account
numbers were mandatory. The only issue left to be resolved is
fraud, treason and sedition. The Social Security scheme was a
trap to create slaves of the remaining free people within the
Sovereign States of the Union. I will not be one of them. You
see, I took the time to read the "Analysis of the Social Security
System, Hearings before a Subcommittee of the Committee on Ways
and Means, House of Representatives, Eighty-Third Congress, First
Session on The Legal Status of OASI Benefits, November 27, 1953."
Do not tell me that this document does not contain irrefutable
proof and evidence of fraud. For example, see pages 935 and 936.
Therefore, you will now notify all pertinent and appropriate
Federal and State entities of this withdrawal, thereby restoring
partially what has been taken from me, due to your constructive
fraud.
Correctly submitted this _________ day of _________________,
1982 Anno Domini.
/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 state
Letters to Social Security Administration:
Page 78 of 153
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of _______________________________, 1982,
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,
executed without prejudice.
_____________________________________
Notary Public
Letters to Social Security Administration:
Page 79 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
July 15, 1982
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Subject: CEASE AND DESIST ORDER
NOTICE OF PERSONAL LIABILITY
Dear Mr. Blevins:
Please be advised that the attached letter dated July 15, 1982
contains, among other things, a CEASE AND DESIST ORDER and a
NOTICE OF PERSONAL LIABILITY hereby served on your person and on
the other persons listed in the attached CERTIFICATE OF SERVICE
BY MAIL.
Your receipt of this letter and the attached letter means that
you acknowledge receipt of this CEASE AND DESIST ORDER and that
you acknowledge receipt of this NOTICE OF PERSONAL LIABILITY.
Please also note that I object to your use of a ZIP code when
addressing mail to me, if such a ZIP code could be construed to
mean that I am "subject" in any way to the "United States". I am
consistently informed by employees of the U.S.P.S. that the only
purpose of ZIP codes is to expedite the delivery of mail.
Instead, please use the above mailing address, exactly as shown,
in any and all future correspondence with me.
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
Letters to Social Security Administration:
Page 80 of 153
copies: Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Letters to Social Security Administration:
Page 81 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifteenth day of July, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dated July 15, 1982
/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.
Letters to Social Security Administration:
Page 82 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
July 15, 1982
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dear Mr. Blevins:
Your letter to me, date-stamped July 7, 1982, and postmarked July
9, 1982, contains erroneous presumptions by you which are hereby
rebutted as follows:
"Wish to Revoke"
Your letter contains statements which evidence a presumption on
your part that I wish to revoke my signature on my Application
for a Social Security Card (SS-5) and other documents. This
presumption of yours is hereby rebutted. I do not "wish" to
"revoke" my signature on these documents, nor have I requested
that you "honor" any "request" by me, because such a "request"
could be construed to mean that my original SS-5 was valid at its
inception and that I now need your approval for such a "request".
On the contrary, my letter of May 5, 1982 carefully utilized the
phrase "to unilaterally revoke" so as to make it clear that I
have unilaterally declared the contract void from its inception
and I have put an end to it as though it never were. This clear
interpretation of my words, and the clear intent of those words,
are fully supported by the following definitions in Black's Law
Dictionary, Sixth Edition, to wit:
Revoke. To annul or make void by recalling or taking back.
To cancel, rescind, repeal, or reverse, as to revoke a
license or will.
Rescission of contract. To declare a contract void in its
inception and to put an end to it as though it never were.
A "rescission" amounts to the unmaking of a contract, or an
undoing of it from the beginning, and not merely a
termination, and it may be effected ... by one of the
parties declaring rescission of contract without consent of
other if a legally sufficient ground therefor exists ....
It necessarily involves a repudiation of the contract and a
refusal of the moving party to be further bound by it. ...
An act of an equitable nature in which a party seeks to be
relieved of his obligations under a contract on the grounds
of mutual mistake, fraud, impossibility, etc.
Letters to Social Security Administration:
Page 83 of 153
When I use the phrase "to unilaterally revoke" in this and all
prior documents served on your Agency, this phrase has a meaning
that is synonymous with the phrase "to rescind the contract".
That these meanings are synonymous is clearly substantiated by
the above definitions from Black's Law Dictionary, Sixth Edition.
This letter and all my prior documents detail numerous valid
grounds for rescinding the original Social Security contract in
application, in account, and in number. Mutual mistake, fraud,
duress and coercion are legally sufficient grounds on which I am
entitled to repudiate, and refuse to be further bound in any way
by, my original Social Security application, account, and number.
The burden of proving fraud generally falls on the moving party.
I have already carried my burden of proving the mutual mistake,
fraud, duress and coercion which together constitute legally
sufficient grounds for unilaterally repudiating the contract(s)
in question (see my letter of May 5, 1982, page 4).
To the extent that, and insofar as my signature dated March 23,
1982 on Form SSA-521 can or should be construed to mean that I
have "requested" consent of the Social Security Administration
for withdrawal of my original SS-5 application, I hereby withdraw
any such "request" because it was a mistake; I unilaterally
rescind my signature on this Form SSA-521; and I unilaterally
rescind my original SS-5 application without the consent of your
Agency, for the several reasons stated in this letter and in all
other documents previously served on your Agency. Nothing in
this letter, or in any previous documents already served on your
Agency, can or should be construed in any way as a grant of
jurisdiction to the "United States", its agencies or its assigns.
General Rebuttal
Your letter contains statements which have been made contrary to
numerous facts which are contained in my Affidavits and other
documents previously served on your Agency. You and your Agency
have now had ample opportunity to rebut any and all of those
facts, and neither you nor your Agency have now done so.
Accordingly, your failure to rebut any of those facts now renders
them all conclusive, permanently for the record. You and your
Agency are now forever barred and estopped from challenging those
facts as stated.
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group by whose authority the United
States Constitution was created. The Congress was created, in
turn, by that Constitution. The Social Security Act to which you
refer is, in turn, a creation of that Congress. Regardless of
your status prior to becoming an employee of the federal
government, your current status as a federal employee necessarily
subjects you to the letter of that "law". I am not subject
either to the letter or to the spirit of that "law", however.
Letters to Social Security Administration:
Page 84 of 153
Even though and regardless of the fact that you are evidently
restricted by law from unilaterally rescinding an original SS-5
application, I am not subject to any such restriction. As
someone who has explicitly reserved all my unalienable rights
without prejudice to any of my unalienable rights, I specifically
retain my right to rescind and cancel my original Social Security
application, for the several reasons stated in my Affidavits, in
this letter and in other documents, and to render it null and
void from its inception. The documents which I have already
served on the Social Security Administration, including this
letter to you, are prima facie evidence that I have already
exercised that right, the exercise of which is entirely within my
Sovereign power and authority to do.
The Social Security Administration is bound by the provisions of
the Uniform Commercial Code. The conclusive facts as stated in
my Affidavits and other documents now constitute material proof
that my original Social Security application was an
unconscionable contract ab initio (from its inception) because,
among many other reasons, it was lacking in meaningful choice on
my part. You and your Agency have already been notified via
those documents, and I hereby notify you and your Agency again,
that I have explicitly reserved all my unalienable rights,
without prejudice to any of my unalienable rights. This means
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.
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Social Security Administration, of the "Remedy" which you 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.
On the contrary, my previous entry into the Social Security
system was unknowing, involuntary, and unintentional; it was
based upon demonstrable misrepresentation, fraud, duress and
coercion by the federal government because:
1. it was imposed upon me under duress and coercion by a
foreign employer who had been deceived, as indeed are
virtually all employers, into believing that Social Security
was mandatory, and who would not otherwise engage me;
2. I too was misled to believe, by government-fostered fraud
and misrepresentation, that participation in the Social
Security system was mandatory for me;
3. the Social Security Administration did not disclose to me
that participation was strictly voluntary, or that employers
are under no requirement to hire only individuals who have a
Social Security Number;
4. the Social Security Administration did not reveal to me the
implications of thus being connected to the "United States",
which entity has its origin and jurisdiction in 1:8:17 and
4:3:2 in the U.S. Constitution (aka "The Federal Zone");
Letters to Social Security Administration:
Page 85 of 153
5. the Social Security Administration did not reveal that the
monies collected from me were treated like an excise tax and
were not allocated to a Social Security or other fund;
6. the Social Security Administration did not disclose to me
that earnings from labor, in and of themselves, are not a
revenue-taxable activity that is subject to excise taxes;
7. the Social Security Administration did not and has not
informed me that the Federal Insurance Contributions Act is
neither a contribution nor insurance, but an excise tax,
thus being misleading and misrepresented by title; and
8. I was a minor not of lawful, contracting age when I entered
the Social Security contract.
For these reasons, and for the numerous reasons already
documented in the Affidavits and other documents previously
served on your Agency, I reiterate my prior election to renounce
my Social Security Number and withdraw from the system entirely.
I have not heretofore received any benefits or payments under the
Social Security Act.
Having made this election to discontinue all further
participation in the Social Security system, I hereby demand the
return of all monies collected from me under the guise of Social
Security and Hospital Insurance. Out of sheer generosity, I make
this demand without claim for any interest or increment for
inflation. I further agree to waive all future Social Security
benefits that have, or would have, accrued to me by virtue of my
prior uninformed, fraudulent, and coerced submission to the
Social Security contract.
My Social Security application, contract, account and number are,
therefore, null and void from their inception, as are any
adhesions which may, now or in the future, be claimed by agencies
of the federal government, or by any undisclosed third-parties
such as the Federal Reserve banks and/or the International
Monetary Fund, as a result of an application, contract, account
and number that are all null and void ab initio (from their
inception).
Notice of Personal Liability
Any further attempts by you and/or others in your Agency to
assert the validity of that invalid application, contract,
account, and/or number, in the face of clear and uncontested
evidence to the contrary, will be noted and can be used as prima
facie evidence of your willingness to violate and otherwise
contravene my unalienable rights and my Constitutionally secured
rights as a Sovereign Freeman. These rights include, but are not
limited to, those which are enumerated in my Affidavits and other
documents, including this letter.
Letters to Social Security Administration:
Page 86 of 153
You are hereby warned that you can and will be held personally
liable for any future attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful assertion of an invalid Social
Security application, contract, account and/or number. As an
employee of the federal government, you are under a legal
obligation to recognize that: "Constructive fraud as well as
actual fraud may be the basis of cancellation of an instrument,"
El Paso Natural Gas Co. v. Kysar Insurance Co., 605 Pacific 2d
240 (1979). Your ignorance of the law is no excuse in this
matter.
General Assertion of Rights
For your information, I am not subject to any foreign
jurisdiction by reason of any valid contract or commercial
agreement resulting in adhesion across America, nor are millions
of other Sovereign 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 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a Social Security application executed
long before my age of majority. Therefore, the Social Security
application, contract, account and number at issue are all
necessarily null and void, ab initio, notwithstanding any and all
unsubstantiated statements by you to the contrary.
Notice of Past Deadline
Please also take note that your response to my letter of May 5,
1982 to Delmar D. Dowling was not timely. A timely response to
my letter of May 5, 1982 would have been addressed on or before
June 5, 1982. Your letter to me was date-stamped July 7, 1982.
Therefore, I am entitled to the conclusive presumption that,
after June 5, 1982, you were barred, by virtue of the doctrine of
estoppel by acquiescence, from any further challenge to my
statements as contained herein and as contained in all my
documents previously served on your Agency.
Cease and Desist Order
Therefore, you and all others within your Agency are hereby
ordered to cease and desist any further attempts to assert the
validity of an invalid Social Security application, contract,
account, and number, for all of the reasons stated hereinabove
and in all previous documents already served on your Agency.
Your failure to obey this order to cease and desist will make it
necessary for me to serve on your person the legal documents
necessary to substantiate my claim of one or more violations by
you of my fundamental, inherent rights, which documents shall
include but not be limited to affidavits of probable cause,
copies of which will be forwarded to appropriate government
officials of California state.
Letters to Social Security Administration:
Page 87 of 153
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
copies: Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
attachments: copies of documents relevant to rescissions
of Social Security and birth certificate,
in reverse chronological order
Letters to Social Security Administration:
Page 88 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifteenth day of July, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dated July 15, 1982
/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.
Letters to Social Security Administration:
Page 89 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael, California
March 9, 1982
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dear Commissioner:
Enclosed please find a notarized affidavit which revokes my Birth
Certificate and revokes any Power of Attorney attached thereto.
Please be so kind as to forward the enclosed affidavit to all
appropriate governmental office(s), so that proper notice can be
taken of its contents, and suitable action(s) can be taken to
comply with its mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)
enclosure: NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
Letters to Social Security Administration:
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Certified Mail #P xxx xxx xxx
Return Receipt Requested
L E T T E R O F T R A N S M I T T A L
c/o General Delivery
San Rafael, California
March 23, 1982
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Dear Commissioner:
Attached please find the following documents:
REQUEST FOR WITHDRAWAL OF APPLICATION, FORM SSA-521
COVER LETTER PURSUANT TO FORM SSA-521
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE REVOCATION AFFIDAVIT
FOREIGN STATUS AFFIDAVIT
Please be so kind as to forward the enclosed documents to all
appropriate governmental office(s), so that proper notice can be
taken of their contents, and suitable action(s) can be taken to
comply with their mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE TO ANY OF MY RIGHTS
Letters to Social Security Administration:
Page 91 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
May 5, 1982
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
6301 Security Boulevard
Baltimore, Maryland
Dear Mr. Dowling:
Your letter to me, date-stamped April 15, 1982 and postmarked
April 28, 1982, contains a multitude of erroneous, irrelevant,
and immaterial presumptions which are rebutted as follows:
"Employee" Presumption
Your letter contains a number of statements which evidence a
presumption on your part that I am an "employee" as that term is
defined in Title 26 and in Title 42. I am not an "employee"; I
am not a "covered employee"; I am not an "employer"; and I do
not have an "employer". The numerous legal documents which I
have already served on the Social Security Administration contain
absolutely no statements which even remotely suggest that I am an
"employee", or that I have an "employer", as those terms are
defined by federal statute. Your willingness to introduce into
the administrative record statements which are erroneous,
irrelevant, and immaterial evidences bad faith on your part. You
are under the obligation of good faith imposed at several places
in the Uniform Commercial Code (see e.g. 1-203).
Immigration and Naturalization
Your letter recommends that I contact the Immigration and
Naturalization Service (INS) for a determination regarding my
"citizenship status". Again, the numerous legal documents which
I have already served on the Social Security Administration
contain absolutely no statements which even remotely suggest that
I immigrated into this country, or that I was ever naturalized.
If you had read these documents carefully, you would have
discovered that I was natural born on June 21, 1948 in the
Commonwealth of Massachusetts and I have inhabited California
state since 1952 (see 2:1:5 in the Constitution for the united
States of America). As such, I am a member of the Sovereignty,
and there is no reason to expect that INS will have any
information pertinent to my status as a Sovereign. Again, your
evident failure to read all the statements contained in my
Affidavits and other documents constitutes further proof of bad
faith on your part.
Letters to Social Security Administration:
Page 92 of 153
There is absolutely no need for me to request of the INS a
determination concerning whether I am a "U.S. citizen" as that
term is defined in Titles 26, 42 and their regulations. My right
to be "present" in these united States of America is a birthright
which is unalienable, fundamental and inherent. According to the
Declaration of Independence, I am endowed with this birthright by
my Creator, and not by any one or any thing else, and certainly
not by the Immigration and Naturalization Service and not by the
Social Security Administration in any event.
You have stated that you cannot honor my request to adjust your
records regarding my "citizenship" status because, as you state,
the Social Security Administration does not have the authority to
determine whether my "status should be changed". Your statement
contains a non sequitor. First of all, I have not requested a
determination whether my status should be changed. I have not
requested any change of status. My status has not changed, and
there is no need to change my status.
The administrative record is another matter, however. If it
contains errors of any kind, you are under the obligation of good
faith to correct those errors, if and when they are discovered.
If that administrative record contains data and/or other
information which suggests that I am a "United States citizen" as
that term is defined in Title 26 and Title 42, then the contents
of that record were premised upon a mutual mistake of fact
regarding my true status. Accordingly, you are under the
obligation of good faith to correct any and all errors contained
in that administrative record, using the correct information
already supplied to you. You are expected to understand that
correcting errors is entirely different from changing my status.
Constitutionality of Social Security Act
Your letter contains a statement that the Supreme Court has held
the Social Security Act to be constitutional not long after the
law's enactment in the 1930s. That may be so, but there is
nothing in my documents to suggest that I have challenged the
constitutionality of the Social Security Act. I certainly do
reserve the right to so challenge the Act, at any time in the
future. Nothing in this letter, nor in my Affidavits, nor in
other documents already served on your Agency, can or should be
construed to mean that I have waived my right to challenge the
constitutionality of any act of Congress, now or in the future.
General Rebuttal
Your letter contains a set of statements which have been made
contrary to numerous facts which are contained in my Affidavits
and other documents served on your Agency. You have now had
ample opportunity to rebut any and all of those facts, and you
have not done so. Accordingly, your failure to rebut any of
those facts now renders them all conclusive, permanently for the
record. You are now forever barred and estopped from challenging
those facts as stated.
Letters to Social Security Administration:
Page 93 of 153
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group by whose authority the United
States Constitution was created. The Congress was created, in
turn, by that Constitution. The Social Security Act to which you
refer is, in turn, a creation of that Congress. Regardless of
your status prior to becoming an employee of the federal
government, your current status as a federal employee necessarily
subjects you to the letter of that "law". I am not subject
either to the letter or to the spirit of that law, however.
Even though you are evidently restricted by law from unilaterally
revoking an original SS-5 application, I am not subject to any
such restriction. As someone who has explicitly reserved all my
unalienable rights without prejudice to any of my unalienable
rights, I specifically retain my right to unilaterally revoke and
cancel my original Social Security application, for the several
reasons stated in my Affidavits, this letter and other documents,
and to render it null and void from its inception. The documents
which I have now served on the Social Security Administration,
including this letter, are prima facie evidence that I have, in
effect, already exercised that right, the exercise of which is
entirely within my Sovereign power and authority to do.
The Social Security Administration is bound by the provisions of
the Uniform Commercial Code. The conclusive facts as stated in
my Affidavits and other documents now constitute material proof
that my original Social Security application was an
unconscionable contract ab initio because, among many other
reasons, it was lacking in meaningful choice on my part. You
have already been notified via those documents, and I hereby
notify you again, that I have explicitly reserved all my
unalienable rights, without prejudice to any of my unalienable
rights. This means 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.
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Social Security Administration, of the "Remedy" which you 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.
On the contrary, my previous entry into the Social Security
system was unknowing, involuntary, and unintentional; it was
based upon demonstrable misrepresentation, fraud, duress and
coercion by the federal government because:
Letters to Social Security Administration:
Page 94 of 153
1. it was imposed upon me under duress and coercion by a
foreign employer who had been deceived, as indeed are
virtually all employers, into believing that Social Security
was mandatory, and who would not otherwise engage me;
2. I too was misled to believe, by government-fostered fraud
and misrepresentation, that participation in the Social
Security system was mandatory for me;
3. the Social Security Administration did not disclose to me
that participation was strictly voluntary, or that employers
are under no requirement to hire only individuals who have a
Social Security Number;
4. the Social Security Administration did not reveal to me the
implications of thus being connected to the "United States",
which entity has its origin and jurisdiction in 1:8:17 and
4:3:2 in the U.S. Constitution (aka "The Federal Zone");
5. the Social Security Administration did not reveal that the
monies collected from me were treated like an excise tax and
were not allocated to a Social Security or other fund;
6. the Social Security Administration did not disclose to me
that earnings from labor, in and of themselves, are not a
revenue-taxable activity that is subject to excise taxes;
7. the Social Security Administration did not and has not
informed me that the Federal Insurance Contributions Act is
neither a contribution nor insurance, but an excise tax,
thus being misleading and misrepresented by title; and
8. I was a minor not of lawful, contracting age when I entered
the Social Security contract.
For these reasons, and for the numerous reasons already
documented in the Affidavits and other documents previously
served on your Agency, I reiterate my prior election to renounce
my Social Security Number and withdraw from the system entirely.
I have not heretofore received any benefits or payments under the
Social Security Act. Neither has anyone else received benefits
by virtue of my prior participation in the Social Security
system.
Having made this election to discontinue all further
participation in the Social Security system, I hereby demand the
return of all monies collected from me under the guise of Social
Security and Hospital Insurance. Out of sheer generosity, I make
this demand without claim for any interest or increment for
inflation. I further agree to waive all future Social Security
benefits that have, or would have, accrued to me by virtue of my
prior uninformed, fraudulent, and coerced submission to the
Social Security contract.
My Social Security application, contract and account are,
therefore, null and void from their inception, as are any
adhesions which may, now or in the future, be claimed by agencies
of the federal government, or by any undisclosed third-parties,
as a result of an application, contract and account that are null
and void ab initio.
Letters to Social Security Administration:
Page 95 of 153
Notice of Personal Liability
Any further attempts by you to assert the validity of that
invalid application, contract and/or account in the face of
contrary evidence will be noted and can be used as prima facie
evidence of your willingness to violate and otherwise contravene
my unalienable rights and my Constitutionally secured rights as a
Sovereign Freeman. These rights include, but are not limited to,
those which are enumerated in my Affidavits and other documents,
including this letter.
You are hereby warned that you can and will be held personally
liable for any future attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful assertion of an invalid Social
Security application, contract and/or account. As an employee of
the federal government, you are under a legal obligation to
recognize that: "Constructive fraud as well as actual fraud may
be the basis of cancellation of an instrument," El Paso Natural
Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979). Your
ignorance of the law is no excuse in this matter.
General Assertion of Rights
For your information, I am not subject to any foreign
jurisdiction by reason of any valid contract or commercial
agreement resulting in adhesion across America, nor are millions
of other Sovereign 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 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a Social Security application executed
long before my age of majority. Therefore, the Social Security
application, account and number at issue are necessarily null and
void, ab initio, notwithstanding any and all unsubstantiated
statements by you to the contrary.
Notice of Deadline
If I do not hear from you within thirty (30) calendar days of the
above date, I will be entitled to the conclusive presumption that
you are thereby barred, by virtue of the doctrine of estoppel by
acquiescence, from any further challenge to my statements as
contained herein and as contained in all my documents as
previously served on your Agency.
Thank you very much for your consideration.
Letters to Social Security Administration:
Page 96 of 153
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
Letters to Social Security Administration:
Page 97 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifth day of May, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
6301 Security Boulevard
Baltimore, Maryland
Dated May 5, 1982
/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.
Letters to Social Security Administration:
Page 98 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 5, 1982
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT (see attached)
ACTUAL AND CONSTRUCTIVE NOTICE (see attached)
Dear Ms. King:
Please take notice that this letter and all attached
documents contain, among other things, a DEMAND FOR PAYMENT in
addition to an ACTUAL AND CONSTRUCTIVE NOTICE hereby served on
your person and on the other persons listed in the attached
CERTIFICATES OF SERVICE BY MAIL.
Please also take notice that I formally object to your use
of a ZIP code when addressing mail to me, if such ZIP codes could
be construed to mean that I am "subject" in any way to the
"United States". I am consistently informed by employees of the
U.S.P.S. that the only purpose of ZIP codes is to expedite the
delivery of mail. Instead, I hereby repeat my demand that you
utilize the above mailing address, exactly as shown, in any and
all future correspondence with me.
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
attachments:
[see next page]
copies:
[see pages 3 and 4, infra]
attachments:
Letters to Social Security Administration:
Page 99 of 153
Demand for Payment, Actual and Constructive Notice,
October 5, 1982
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
copies:
[see next page]
Letters to Social Security Administration:
Page 100 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifth day of October, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Speaker of the House
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Attorney General
State of California
P. O. Box 944255
Sacramento, California
Postal Zone 94244-2550/tdc
Attorney General
Justice Department
Washington, D.C.
Postal Zone 20530/tdc
Department of Health and Human Services
200 Independence Avenue
Washington, D.C.
Postal Zone 20201/tdc
Commissioner of IRS
1111 Constitution Avenue, N.W.
Washington, D.C.
Postal Zone 20224/tdc
Letters to Social Security Administration:
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The Federal Reserve Bank, Inc.
20th and Constitution Ave., N.W.
Washington, D.C.
Postal Zone 20551/tdc
Secretary of the Treasury
State of California
915 Capitol Mall
Sacramento, California
Postal Zone 95814/tdc
Senator Alan Cranston
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Senator John Seymour
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Representative Barbara Boxer
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Dated October 5, 1982
/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.
Letters to Social Security Administration:
Page 102 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 5, 1982
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT
ACTUAL AND CONSTRUCTIVE NOTICE
Dear Ms. King:
This is my lawful and formal DEMAND FOR PAYMENT of Social
Security taxes unlawfully withheld from my untaxable personal
compensation that was exempt from tax under the fundamental Law
during the calendar years 1965 to 1986, inclusive. The total
amount of this demand is itemized as follows:
Social Security Taxes Unlawfully Withheld by SSA
from John E. Trumane, itemized as follows:
Year Amount and Type of Tax Withheld Total
1986 $3,003 social security taxes $3,003
1985 2,971 " " " 2,971
1984 1,074 " " " 1,074
1983 503 " " " 503
1982 1,285 " " " 1,285
1981 1,975 " " " 1,975
1980 1,587 " " " 1,587
1979 992 " " " 992
1978 1,070 " " " 1,070
1977 965 " " " 965
1976 822 " " " 822
1975 0 " " " 0
1974 672 " " " 672
1973 418 " " " 418
1972 0 " " " 0
1971 75 " " " 75
1970 55 " " " 55
1969 29 " " " 29
1968 96 " " " 96
1967 47 " " " 47
1966 36 " " " 36
1965 13 " " " 13
------
TOTAL AMOUNT DUE: $17,688
=======
Letters to Social Security Administration:
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The above yearly amounts were taken from the statement
entitled "Personal Earnings and Benefit Estimate Statement", form
number SSA-7005 (06-88), dated November 29, 1988 and signed by
Dorcas R. Hardy, Commissioner of Social Security (copy attached).
Please take note of my prior communications to the Social
Security Administration, in which I have reiterated this demand
without claim for any interest or increment for inflation.
ACTUAL AND CONSTRUCTIVE NOTICE
This is my formal reply to your letter date-stamped August
13, 1982. Please take notice of the fact that I am a de jure
California State Citizen, not a de facto federal citizen under
the so-called 14th Amendment, nor a ward of the Congress who has
a taxable citizenship through Social Security or any other
governmental privilege or franchise. No governmental agency has
power of attorney over me or my property.
This letter and all attachments are based upon the principle
that a contract is "Null and Void Ab Initio" in the case of fraud
at its inception, and it need not be formally rescinded as a
prerequisite to a right of avoidance. See court authority in the
case of Bonacci v. Massachusetts Bonding and Insurance Co., 58
Cal 2d 657, 664; 137 P.2d 487 (1943).
Therefore, I again demand that you remove my name and number
from your system of records, and that you notify any and all
affected governmental agencies that I am not subject to, nor am I
required to have, a Social Security number or account. I also
demand that your agency return all property that was taken from
me by your use of various elements of fraud (see TOTAL AMOUNT DUE
as shown in the above DEMAND FOR PAYMENT).
This letter and attachments, and all previous letters,
affidavits, declarations and affirmations sent to you, the Social
Security Administration and/or the Department of Health and Human
Services, or any other governmental agency (all of which
documents are incorporated by this reference as if set forth
fully herein), are conclusive and direct evidence of fraud which
has not and cannot be refuted by any legal means. Therefore, as
such, these documents now constitute conclusive evidence of
admissions and confessions of fraud and entrapment in any court
of law or in any other proceedings.
These documents are hereby deemed to be your "means of
knowledge". The means of knowledge, especially when knowledge
consists of public records, is deemed in law to be "knowledge of
the facts". If it appears on record that an individual had
notice or information of circumstances which would cause him to
inquire and which, if followed, would lead to knowledge, or if it
appears that the facts were presumptively within his knowledge,
then he will be deemed to have had actual knowledge of the facts
and may be subsequently liable for any damage or injury. You,
therefore, Gwendolyn S. King, have been given "knowledge of the
facts" as they pertain to this conspiracy to commit a fraud
against me and my property.
Letters to Social Security Administration:
Page 104 of 153
This is an actual and constructive notice under California
Civil Code (CCC), Sections 18 and 19, that if you fail to obey
the law and if you continue to aid and abet the conspiracy, by
use of fraud, entrapment and misrepresentation, to deprive me of
my de jure state Citizenship and vested property rights, then you
will thereby cause me further damage and injury. This will
require me to take whatever action I deem is necessary and lawful
to effect a remedy.
You will take formal notice of the fact that I am a white,
natural born state Citizen who is executing this ACTUAL AND
CONSTRUCTIVE NOTICE. If called upon as a witness, I will testify
to the following facts, which I believe to be true and correct,
to the best of my knowledge and understanding:
There is NO LAW that would or could compel me to participate
in the perpetration of a fraud. There is no provision in the
Social Security Act that would not allow me, a white natural born
state Citizen, to refrain and withdraw from participating in the
Social Security System, which is based upon CONSTRUCTIVE FRAUD as
evidenced by the facts as stated in all attached documents and by
the additional facts which are stated below.
My true status and intent is to be a Common-Law State
Citizen as established by the Preamble and the original
Constitution for the United States of America (1787) and the
original Constitution of California state (1849). Thus, for all
the reasons stated herein and elsewhere, I hereby reaffirm my
right to rescind, revoke and render null and void nunc pro tunc,
as previously established, the number xxx-xx-xxxx in application,
in body, and in account.
I hereby charge that the Social Security Administration and
the Congress of the United States, with full knowledge of the
following facts, and with willful and full intent to do so:
1. Did not reveal the truth that the Social Security Act is a
compulsory excise tax under Title II and VIII which only
creates a revocable statutory right. See "Hearings before a
Subcommittee of the Committee on Ways and Means, House of
Representatives, 83rd Congress, First Session, on the Legal
Status of OASI Benefits", dated November 27, 1953, Part 6,
pages 906, 932, 963. This reference incorporates fully and
makes Part 6 a part of this ACTUAL AND CONSTRUCTIVE NOTICE.
2. Did not reveal the truth that the Social Security Act IS NOT
insurance and does not go into a separate trust fund, nor
does it create any vested rights. (See supra, page 1014;
see also Fleming v. Nestor, 363 U.S. 603, 610 (1960).)
3. Did deliberately and willfully withhold the information
that, upon obtaining a Social Security Number (SSN), a white
natural born state Citizen would be required, for the rest
of his working life, to pay over 50% of his wages acquired
in exchange quid pro quo, as an income tax, as instigated
and established for the profit of the Federal Reserve Banks.
Letters to Social Security Administration:
Page 105 of 153
4. Did not reveal and disclose the truth that, upon obtaining a
SSN, a white natural born State Citizen would lose his
primary State Citizenship, his Privileges and his
Immunities, and become instead a business entity under
Social Security, and an enfranchised person under the
so-called 14th Amendment, and would lose access to his
Constitutional Rights as guaranteed by the Bill of Rights,
Amendments 1 through 10; and instead he would become a
federal citizen and receive privileges and immunities which
are revocable at the whim and pleasure of the Congress.
(See Section 1104 of the Social Security Act, and Article I,
Section 7 of the California Constitution, and so-called
Amendment 14 of the U.S. Constitution.)
5. Did not reveal and disclose the truth that the SSN would be
used for the absolute control of the "citizens of the United
States" under the so-called 14th Amendment, as evidenced by
various orders instituted by the Internal Revenue Service
(similar to Nazi Concentration Camp numbers or federal
serial numbers).
6. Have willfully and deliberately utilized Section 1104 of the
Social Security Act to deprive over 250 million people of
their statutory rights and property, as established by the
original Social Security Act.
7. Have, by utilizing constructive fraud by non-disclosure,
deceit, coercion, intimidation, duress and outright lying,
defrauded me of my Common-Law Citizenship and also my
inalienable/unalienable rights to life, liberty and property
at the instigation of the Federal Reserve Banks for the
profit of the Class A Stockholders of those banks.
8. Have willfully and deliberately failed to disclose the above
information and do still continue to state that Social
Security is "voluntary" and "insurance" when, in fact, it is
not and, in fact and operation, it is administered as a
compulsory excise tax; and thus to compel me to surrender
my constitutional state Citizenship and to deprive me of my
Privileges and Immunities as a sovereign state Citizen, in
order to be regulated and to pay an "income tax" for the
profit of the Federal Reserve Banks, is outright fraud being
instituted by the U.S. Congress, the Department of Health
and Human Services, the Internal Revenue Service and the
Federal Reserve Banks Inc., with the assistance and approval
of the U.S. Attorney General's Office, with the intent to
establish the ten (10) planks of the Communist Manifesto
within the United States as they are now in operation, and
to abolish the intent of the United States Constitution, as
it was originally established by our founding Fathers,
namely, to ordain and establish a Republic, NOT a
socialistic Slave State for the enrichment of the Class A
Stockholders of the Federal Reserve banks.
Letters to Social Security Administration:
Page 106 of 153
9. Have 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 in the U.S. Constitution,
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); 28 Tulane
Law Review 22; 11 South Carolina Law Quarterly 484.)
Neither Congress nor the Social Security Administration nor
the Federal Reserve banks had any lawful authority to compel me
to apply for a Social Security account and number.
Upon application for a Social Security account and number,
there was a hidden assumpsit that I became "subject to the
jurisdiction of the United States" and thereby became entitled to
the privileges and immunities granted by the so-called 14th
Amendment, whereby the Congress, the Social Security
Administration and the Internal Revenue Service could command my
specific performance to discharge any of their third-party debts
and obligations.
The Social Security contract (SS-5) is not an insurance
contract. There is no separate fund or account for each
participant. The contract violates federal statutes (see, e.g.,
Title 18, RICO statutes). I have rescinded my original SS-5
application. I am holding it voidable and IT IS VOID as to the
issuing party. Every consideration that arose out of that
contract must be returned to me, the lawful owner.
I HEREBY COMMAND THE SOCIAL SECURITY ADMINISTRATION TO
RETURN ALL SUCH CONSIDERATIONS AS ITEMIZED ABOVE.
This is also an ACTUAL AND CONSTRUCTIVE NOTICE to all
concerned agencies, both State and Federal, that I, John E.
Trumane, a white natural born common-law state Citizen, now a
Citizen of California state, having no known legal franchise that
would cloud my position, hereby give notice to all concerned
agencies that their failure to refute each and every point by
substantive proof will be considered admissions and confessions
and shall establish estoppel by silence and/or acquiescence.
The continued deprivation of my substantive rights, my
vested property rights and my property as a Citizen of California
state, will cause me further injury and damage, and will have to
be remedied by whatever actions deemed necessary and lawful.
All of the above statements are true and correct, to the
best of my current knowledge, and are affirmed under penalties of
perjury, without the "United States", under the laws of the
United States of America, per 28 USC 1746(1).
Notice to principals is notice to agents.
Notice to agents is notice to principals.
Letters to Social Security Administration:
Page 107 of 153
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
attachments:
Personal Earnings and Benefit Estimate Statement
for John E. Trumane, November 29, 1988
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
Copies:
[see next page]
Letters to Social Security Administration:
Page 108 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this DEMAND FOR
PAYMENT and ACTUAL AND CONSTRUCTIVE NOTICE have been made on
interested parties by mailing one copy thereof, on this fifth day
of October, 1982, in a sealed envelope with postage prepaid,
properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Speaker of the House
House of Representatives
Washington, D.C.
Postal Zone 20505/tdc
Attorney General
State of California
P. O. Box 944255
Sacramento, California
Postal Zone 94244-2550/tdc
Attorney General
Justice Department
Washington, D.C.
Postal Zone 20530/tdc
Department of Health and Human Services
200 Independence Avenue
Washington, D.C.
Postal Zone 20201/tdc
Commissioner of IRS
1111 Constitution Avenue, N.W.
Washington, D.C.
Postal Zone 20224/tdc
Letters to Social Security Administration:
Page 109 of 153
The Federal Reserve Bank, Inc.
20th and Constitution Ave., N.W.
Washington, D.C.
Postal Zone 20551/tdc
Secretary of the Treasury
State of California
915 Capitol Mall
Sacramento, California
Postal Zone 95814/tdc
Senator Alan Cranston
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Senator John Seymour
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Representative Barbara Boxer
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Dated October 5, 1982
/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.
Letters to Social Security Administration:
Page 110 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
zip code exempt
(DMM 122.32)
June 5, 1983
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT (see attached)
ACTUAL AND CONSTRUCTIVE NOTICE (see attached)
Dear Ms. King:
Please take notice that this letter and all attached
documents contain among other things a second DEMAND FOR PAYMENT
in addition to a second ACTUAL AND CONSTRUCTIVE NOTICE hereby
served on your person and on the other persons listed in the
attached CERTIFICATES OF SERVICE BY MAIL.
CONSPICUOUS NOTICE:
In order to be valid, all future written communications to
me must explicitly acknowledge the fact that I inhabit California
state, not the arbitrary federal district known as "CA". Failure
to recognize this fact necessarily must invalidate any and all
future service of process and/or other written communications
which fail to exhibit the correct mailing location, to wit:
John E. Trumane
Sovereign Sui Juris
c/o General Delivery
San Rafael, California state
zip code exempt (DMM 122.32)
Please take notice that I formally object to your use of an
unqualified ZIP code when addressing mail to me, if such ZIP
codes could be construed to mean that I am "subject" in any way
to the "United States". I am consistently informed by employees
of the U.S. Postal Service that the only purpose of ZIP codes is
to expedite the delivery of mail. Instead, I hereby repeat my
demand that you utilize the above mailing location, exactly as
shown, in any and all future correspondence with me.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Sovereign Sui Juris
all rights reserved
Letters to Social Security Administration:
Page 111 of 153
attachments:
[see next page]
copies:
[see pages 3 and 4, infra]
Letters to Social Security Administration:
Page 112 of 153
attachments to first NOTICE and DEMAND previously served:
Demand for Payment, Actual and Constructive Notice,
October 5, 1982
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
copies:
[see next page]
Letters to Social Security Administration:
Page 113 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested party(s) by mailing one copy thereof, on this
seventh day of June, 1983, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx to:
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Copies under separate cover to:
Commissioner of Internal Revenue
1111 Constitution Avenue, N.W.
Washington, D.C.
Representative Lynn Woolsey
House of Representatives
Washington, D.C.
Dated: June 7, 1983
/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.
Letters to Social Security Administration:
Page 114 of 153
Certified Mail #P xxx xxx xxx c/o General Delivery
Return Receipt Requested San Rafael
California state
zip code exempt
(DMM 122.32)
June 5, 1983
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT
ACTUAL AND CONSTRUCTIVE NOTICE
Dear Ms. King:
This is my second lawful and formal DEMAND FOR PAYMENT of
Social Security taxes unlawfully withheld from my untaxable
personal compensation that was exempt from tax under the
fundamental Law during the calendar years 1965 to 1986,
inclusive. The total amount of this demand is itemized as
follows:
Social Security Taxes Unlawfully Withheld by SSA
from John E. Trumane, itemized as follows:
Year Amount and Type of Tax Withheld Total
1986 $3,003 social security taxes $3,003
1985 2,971 " " " 2,971
1984 1,074 " " " 1,074
1983 503 " " " 503
1982 1,285 " " " 1,285
1981 1,975 " " " 1,975
1980 1,587 " " " 1,587
1979 992 " " " 992
1978 1,070 " " " 1,070
1977 965 " " " 965
1976 822 " " " 822
1975 0 " " " 0
1974 672 " " " 672
1973 418 " " " 418
1972 0 " " " 0
1971 75 " " " 75
1970 55 " " " 55
1969 29 " " " 29
1968 96 " " " 96
1967 47 " " " 47
1966 36 " " " 36
1965 13 " " " 13
------
TOTAL AMOUNT DUE: $17,688
=======
Letters to Social Security Administration:
Page 115 of 153
The above yearly amounts were taken from the statement
entitled "Personal Earnings and Benefit Estimate Statement", form
number SSA-7005 (06-88), dated November 29, 1988 and signed by
Dorcas R. Hardy, Commissioner of Social Security (copy attached).
Please take note of my prior communications to the Social
Security Administration, in which I have reiterated this demand
without claim for any interest or increment for inflation.
ACTUAL AND CONSTRUCTIVE NOTICE
This is my formal reply to your letter date-stamped August
13, 1982. Please take notice of the fact that I am a de jure
California State Citizen, not a de facto federal citizen under
the so-called 14th Amendment, nor a ward of the Congress who has
a taxable citizenship through Social Security or any other
governmental privilege or franchise. No governmental agency has
power of attorney over me or my property.
This letter and all attachments are based upon the principle
that a contract is "Null and Void Ab Initio" in the case of fraud
at its inception, and it need not be formally rescinded as a
prerequisite to a right of avoidance. See court authority in the
case of Bonacci v. Massachusetts Bonding and Insurance Co., 58
Cal 2d 657, 664; 137 P.2d 487 (1943).
Therefore, I again demand that you remove my name and number
from your system of records, and that you notify any and all
affected governmental agencies that I am not subject to, nor am I
required to have, a Social Security number or account. I also
demand that your agency return all property that was taken from
me by your use of various elements of fraud (see TOTAL AMOUNT DUE
as shown in the above DEMAND FOR PAYMENT).
This letter and attachments, and all previous letters,
affidavits, declarations and affirmations sent to you, the Social
Security Administration and/or the Department of Health and Human
Services, or any other governmental agency (all of which
documents are incorporated by this reference as if set forth
fully herein), are conclusive and direct evidence of fraud which
has not and cannot be refuted by any legal means. Therefore, as
such, these documents now constitute conclusive evidence of
admissions and confessions of fraud and entrapment in any court
of law or in any other proceedings.
These documents are hereby deemed to be your "means of
knowledge". The means of knowledge, especially when knowledge
consists of public records, is deemed in law to be "knowledge of
the facts". If it appears on record that an individual had
notice or information of circumstances which would cause him to
inquire and which, if followed, would lead to knowledge, or if it
appears that the facts were presumptively within his knowledge,
then he will be deemed to have had actual knowledge of the facts
and may be subsequently liable for any damage or injury. You,
therefore, Gwendolyn S. King, have been given "knowledge of the
facts" as they pertain to this conspiracy to commit a fraud
against me and my property.
Letters to Social Security Administration:
Page 116 of 153
This is an actual and constructive notice under California
Civil Code (CCC), Sections 18 and 19, that if you fail to obey
the law and if you continue to aid and abet the conspiracy, by
use of fraud, entrapment and misrepresentation, to deprive me of
my de jure state Citizenship and vested property rights, then you
will thereby cause me further damage and injury. This will
require me to take whatever action I deem is necessary and lawful
to effect a remedy.
You will take formal notice of the fact that I am a white,
natural born state Citizen who is executing this ACTUAL AND
CONSTRUCTIVE NOTICE. If called upon as a witness, I will testify
to the following facts, which I believe to be true and correct,
to the best of my knowledge and understanding:
There is NO LAW that would or could compel me to participate
in the perpetration of a fraud. There is no provision in the
Social Security Act that would not allow me, a white natural born
state Citizen, to refrain and withdraw from participating in the
Social Security System, which is based upon CONSTRUCTIVE FRAUD as
evidenced by the facts as stated in all attached documents and by
the additional facts which are stated below.
My true status and intent is to be a Common-Law State
Citizen as established by the Preamble and the original
Constitution for the United States of America (1787) and the
original Constitution of California state (1849). Thus, for all
the reasons stated herein and elsewhere, I hereby reaffirm my
right to rescind, revoke and render null and void nunc pro tunc,
as previously established, the number xxx-xx-xxxx in application,
in body, and in account.
I hereby charge that the Social Security Administration and
the Congress of the United States, with full knowledge of the
following facts, and with willful and full intent to do so:
1. Did not reveal the truth that the Social Security Act is a
compulsory excise tax under Title II and VIII which only
creates a revocable statutory right. See "Hearings before a
Subcommittee of the Committee on Ways and Means, House of
Representatives, 83rd Congress, First Session, on the Legal
Status of OASI Benefits", dated November 27, 1953, Part 6,
pages 906, 932, 963. This reference incorporates fully and
makes Part 6 a part of this ACTUAL AND CONSTRUCTIVE NOTICE.
2. Did not reveal the truth that the Social Security Act IS NOT
insurance and does not go into a separate trust fund, nor
does it create any vested rights. (See supra, page 1014;
see also Fleming v. Nestor, 363 U.S. 603, 610 (1960).)
3. Did deliberately and willfully withhold the information
that, upon obtaining a Social Security Number (SSN), a white
natural born state Citizen would be required, for the rest
of his working life, to pay over 50% of his wages acquired
in exchange quid pro quo, as an income tax, as instigated
and established for the profit of the Federal Reserve Banks.
Letters to Social Security Administration:
Page 117 of 153
4. Did not reveal and disclose the truth that, upon obtaining a
SSN, a white natural born State Citizen would lose his
primary State Citizenship, his Privileges and his
Immunities, and become instead a business entity under
Social Security, and an enfranchised person under the
so-called 14th Amendment, and would lose access to his
Constitutional Rights as guaranteed by the Bill of Rights,
Amendments 1 through 10; and instead he would become a
federal citizen and receive privileges and immunities which
are revocable at the whim and pleasure of the Congress.
(See Section 1104 of the Social Security Act, and Article I,
Section 7 of the California Constitution, and so-called
Amendment 14 of the U.S. Constitution.)
5. Did not reveal and disclose the truth that the SSN would be
used for the absolute control of the "citizens of the United
States" under the so-called 14th Amendment, as evidenced by
various orders instituted by the Internal Revenue Service
(similar to Nazi Concentration Camp numbers or federal
serial numbers).
6. Have willfully and deliberately utilized Section 1104 of the
Social Security Act to deprive over 250 million people of
their statutory rights and property, as established by the
original Social Security Act.
7. Have, by utilizing constructive fraud by non-disclosure,
deceit, coercion, intimidation, duress and outright lying,
defrauded me of my Common-Law Citizenship and also my
inalienable/unalienable rights to life, liberty and property
at the instigation of the Federal Reserve Banks for the
profit of the Class A Stockholders of those banks.
8. Have willfully and deliberately failed to disclose the above
information and do still continue to state that Social
Security is "voluntary" and "insurance" when, in fact, it is
not and, in fact and operation, it is administered as a
compulsory excise tax; and thus to compel me to surrender
my constitutional state Citizenship and to deprive me of my
Privileges and Immunities as a sovereign state Citizen, in
order to be regulated and to pay an "income tax" for the
profit of the Federal Reserve Banks, is outright fraud being
instituted by the U.S. Congress, the Department of Health
and Human Services, the Internal Revenue Service and the
Federal Reserve Banks Inc., with the assistance and approval
of the U.S. Attorney General's Office, with the intent to
establish the ten (10) planks of the Communist Manifesto
within the United States as they are now in operation, and
to abolish the intent of the United States Constitution, as
it was originally established by our founding Fathers,
namely, to ordain and establish a Republic, NOT a
socialistic Slave State for the enrichment of the Class A
Stockholders of the Federal Reserve banks.
Letters to Social Security Administration:
Page 118 of 153
9. Have 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 in the U.S. Constitution,
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); 28 Tulane
Law Review 22; 11 South Carolina Law Quarterly 484.)
Neither Congress nor the Social Security Administration nor
the Federal Reserve banks had any lawful authority to compel me
to apply for a Social Security account and number.
Upon application for a Social Security account and number,
there was a hidden assumpsit that I became "subject to the
jurisdiction of the United States" and thereby became entitled to
the privileges and immunities granted by the so-called 14th
Amendment, whereby the Congress, the Social Security
Administration and the Internal Revenue Service could command my
specific performance to discharge any of their third-party debts
and obligations.
The Social Security contract (SS-5) is not an insurance
contract. There is no separate fund or account for each
participant. The contract violates federal statutes (see, e.g.,
Title 18, RICO statutes). I have rescinded my original SS-5
application. I am holding it voidable and IT IS VOID as to the
issuing party. Every consideration that arose out of that
contract must be returned to me, the lawful owner.
I HEREBY COMMAND THE SOCIAL SECURITY ADMINISTRATION TO
RETURN ALL SUCH CONSIDERATIONS AS ITEMIZED ABOVE.
This is also an ACTUAL AND CONSTRUCTIVE NOTICE to all
concerned agencies, both State and Federal, that I, John E.
Trumane, a white natural born common-law state Citizen, now a
Citizen of California state, having no known legal franchise that
would cloud my position, hereby give notice to all concerned
agencies that their failure to refute each and every point by
substantive proof will be considered admissions and confessions
and shall establish estoppel by silence and/or acquiescence.
The continued deprivation of my substantive rights, my
vested property rights and my property as a Citizen of California
state, will cause me further injury and damage, and will have to
be remedied by whatever actions deemed necessary and lawful.
All of the above statements are true and correct, to the
best of my current knowledge, and are affirmed under penalties of
perjury, without the "United States", under the laws of the
United States of America, per 28 USC 1746(1).
Notice to principals is notice to agents.
Notice to agents is notice to principals.
Letters to Social Security Administration:
Page 119 of 153
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Sovereign Sui Juris
all rights reserved
attachments to first NOTICE and DEMAND previously served:
Personal Earnings and Benefit Estimate Statement
for John E. Trumane, November 29, 1988
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
Copies:
[see next page]
Letters to Social Security Administration:
Page 120 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this second DEMAND
FOR PAYMENT and ACTUAL AND CONSTRUCTIVE NOTICE has been made on
interested party(s) by mailing one copy thereof, on this seventh
day of June, 1983, in a sealed envelope with postage prepaid,
properly addressed to them as follows:
Certified Mail #P xxx xxx xxx to:
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Copies under separate cover to:
Commissioner of Internal Revenue
1111 Constitution Avenue, N.W.
Washington, D.C.
Representative Lynn Woolsey
House of Representatives
Washington, D.C.
Dated: June 7, 1983
/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.
Letters to Social Security Administration:
Page 121 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this AFFIDAVIT has
been made on interested parties by mailing one copy thereof, on
this twenty-third day of March, 1982, in a sealed envelope with
postage prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dated March 23, 1982
/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.
Letters to Social Security Administration:
Page 122 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
twenty-third day of March, 1982, in a sealed envelope with
postage prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dated March 23, 1982
/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.
Letters to Social Security Administration:
Page 123 of 153
Certified Mail Number: __________________________________________
Date: __________________________________________
FROM: John E. Trumane
c/o General Delivery
County of Marin
San Rafael, California state
united States of America
TO: Social Security Administration
OCRO
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dear Director:
I am writing you pursuant to the enclosed "Request for
Withdrawal of Application", Form SSA-521, OMB #0960-0015,
pursuant to 20 CFR 422.1 through 422.527.
I have never been required to have, hold and/or obtain a
Social Security account number. Yet, by government's usage of
undue influence concerning a birth registration and employment
applications, I was misled to believe mistakenly that a Citizen
in one of the several united States of America was required to
have such an identification number and/or account. I have never
been naturalized by Congress, nor are any of my rights conferred
by Congress, because I am a natural born Citizen (see 2:1:5 in
the U.S. Constitution) and a white male inhabitant in California
state.
It is quite obvious to me now that the U.S. Constitution
does not grant to Congress the power to legislate for, or
against, any of the independent sovereign States within the Union
of America. Congress can legislate by usage, and under the scope
and purview, of the so-called 14th Amendment, under which courts
have determined that Congress was enabled to govern artificial
persons or entities, which I am not. Moreover, Congress has
exclusive legislative jurisdiction over its territories,
possessions and enclaves only by virtue of the authorities
granted to it by Article 1, Section 8, Clause 17 and Article 4,
Section 3, Clause 2 in the U.S. Constitution.
I have recently had a physical examination and my learned
doctor has told me that I am white, I am an adult, I am a human
being, and I have always been such ever since my birth in
Worcester, Massachusetts on June 21, 1948. At no time in my life
have I ever consented with foreknowledge to being an artificial
entity, such as is a creation of Congress or of the "United
States", or a Federal citizen, nor was I born in the "United
States", nor have I ever been a resident of the "United States".
The birth and Social Security registrations that were forced
upon me, without my consent of majority and without knowingly
intelligent acts on my part, are therefore null and void, ab
initio.
Letters to Social Security Administration:
Page 124 of 153
I refuse to be considered as a stranger in California state,
such as a "United States citizen" or a "resident alien". I have
never received, nor made application for, any type of related
Social Security benefits. I do not vote and therefore I have
never knowingly, intentionally and voluntarily consented to these
purported Social Security benefits given by Congress. I cannot
and will not accept any such quasi contractual agreements,
particularly when all associated terms and conditions were not
fully disclosed to me. My arguments of law are as follows:
THE CODE OF LAWS OF THE
UNITED STATES OF AMERICA
TITLE 1 -- GENERAL PROVISIONS
CHAPTER 1 -- RULES OF CONSTRUCTION
Sec. 1. Words denoting number, gender, and so forth.
In determining the meaning of any Act of Congress, unless
the context indicates otherwise -- words importing the
singular include and apply to several persons, parties or
things; words importing the plural include the singular;
In reviewing the definition of "State" in Section 1101 of
the Social Security Act, we find that the Congress, when they
were utilizing a special definition of "State", only wanted to
"include" those three specifically defined Federal State(s),
(except when used in Section 531) and no more! (You are invited
to read Section 531 for yourself.)
In this next review, we see that the definition of the
"United States" uses a somewhat different construction:
TITLE XI -- GENERAL PROVISIONS
DEFINITIONS
Section 1101(a)
(2) The term "United States" when used in a geographical
sense means the state(s), Alaska, Hawaii, and the District
of Columbia.
As you can see, for purposes of statutory construction and
for clearer interpretation, it is necessary for me to emphasize
the "(s)" in "state(s)" . The term "United States" still defines
only the "federal state(s)", and no more; otherwise, Congress
would have been specific. The "Ejusdem Generis Rule" must be
applied to this construction:
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Page 125 of 153
Ejusdem Generis. Of the same kind, class, or nature.
In the construction of laws, wills, and other instruments,
the "ejusdem generis rule" is, that where general words
follow an enumeration of persons or things, by words of a
particular and specific meaning, such general words are not
to be construed in their widest extent, but are to be held
as applying only to persons or things of the same general
class as those specifically mentioned.
[Black's Law Dictionary, Third Edition, 1933, page 645]
[see also Bouvier's Law Dictionary, 1914, page 979]
and ...
Noscitur a Sociis. It is known from its associates.
The meaning of a word is or may be known from the
accompanying words. 3 Term R. 87; Brown, Max 588. Under
this rule general and specific words, capable of analogous
meaning, when associated together, take color from each
other, so that general words are restricted to a sense
analogous to less general ....
[Black's Law Dictionary, Third Edition, 1933, page 1256]
For further emphasis on this point, we find that the cross-
reference to Section 1101(a) of the original Social Security Act
has survived and was re-codified into Title 42, United States
Code, Chapter 7 and appears in Sections 1301(a)(1) and (2). We
shall now review this very important section:
TITLE 42 UNITED STATES CODE
THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 -- SOCIAL SECURITY
SUBCHAPTER XI -- GENERAL PROVISIONS
(1982 edition)
Section 1301(a) When used in this chapter --
(1) The term "STATE", except where otherwise provided,
INCLUDES the District of Columbia and the Commonwealth of
Puerto Rico, and when used in subchapters IV, V, VII, XI,
and XIX of this chapter INCLUDES the Virgin Islands and
Guam. Such term when used in subchapters III, IX, and XII
of this chapter ALSO INCLUDES the Virgin Islands. Such term
when used in subchapter V and in Part B of this subchapter
of this chapter ALSO INCLUDES American Samoa, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands. Such term when used in subchapter XIX of this
chapter ALSO INCLUDES the Northern Mariana Islands and
American Samoa. In the case of Puerto Rico, the Virgin
Islands, and Guam, subchapters I, X, and XIV, and subchapter
XVI of this chapter (as in effect without regard to the
amendment made by section 301 of the Social Security
Amendments of 1972) shall continue to apply, and the term
"STATE" when used in such subchapters (but not in subchapter
XVI of this chapter as in effect pursuant to such amendment
after December 31, 1973) INCLUDES Puerto Rico, the Virgin
Islands, and Guam. Such term when used in subchapter XX of
this chapter ALSO INCLUDES the Virgin Islands, Guam, and the
Northern Mariana Islands.
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(2) The term "UNITED STATES" when used in a
geographical sense MEANS, except when otherwise provided,
the STATES.
(8)(A) The "Federal percentage" for any State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be 100
per centum less the State percentage; and the State
Percentage shall be that percentage which bears the same
ratio to 50 per centum as the square of the per capita
income of such State bears to the square of the per capital
income of the United States; except that the Federal
percentage shall in no case be less than 50 per centum or
more than 65 per centum.
(8)(B) The Federal percentage for each State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be
promulgated by the Secretary between October 1 and November
30 of each even-numbered year, on the basis of the average
per capital income for EACH State AND of the United States
for the three most recent calendar years for which
satisfactory data are available from the Department of
Commerce. Such promulgation shall be conclusive for each of
the eight quarters in the period beginning October 1 next
succeeding such promulgation: Provided, That the Secretary
shall promulgate such percentages as soon as possible after
August 28, 1958, which promulgation shall be conclusive for
each of the eleven quarters in the period beginning October
1, 1958, and ending with the close of June 30, 1961.
(8)(C) The term "United States" MEANS (but ONLY for
purposes of subparagraphs (A) and (B) of this paragraph) THE
FIFTY STATES and the District of Columbia. [emphasis added]
[see also Compilation of the Social Security Laws]
[98th Congress, 2nd Session, Committee Print]
[through April 1, 1984, pages 397 and 398]
When the original Social Security Act was written, Alaska
and Hawaii were Territories (Federal States), but today they are
each one of the 50 States of the Union. When Section 1101(a) is
laid alongside its surviving Title 42, Chapter 7, Section
1301(a), we see that its substance survived completely intact ...
... except Section 1301(a)(8)(C). Here is a Section that
was not applicable, therefore, it was not used in the original
Act, from which the "48 States" were "excluded".
If you read carefully the portions marked 8(A) and 8(B), you
will clearly understand why this specific definition had to be
"included". The construction of the terms "State" and "United
States" in subparagraph 8(A) is more prima facie evidence that
the Social Security Act of the 74th Congress, Session 1, August
14, 1935, as recorded in Chapter 531 of the United States
Statutes At Large, was and is intended to operate "within the
Federal United States ONLY" (per definition).
Letters to Social Security Administration:
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If you have very carefully read the original Social Security
Act, you will discover that the term "United States" is used
thirty-four (34) times and never, ever gives the slightest
suggestion that it embraced the Forty-Eight (48) Sovereign States
of the United States of America which existed in the year 1935.
Hopefully, you have carefully read all of the preceding, and
have laid the original Sections 1101(a)(1) and 1101(a)(2)
alongside 42 U.S.C. 1301(a)(1) and 1301(a)(2) as they presently
read. It is obvious that our 50 Sovereign States have derogated
their sovereignty by voluntarily requesting admission into the
"Federal System of National Socialism". This system was written
under the authority of Article 1, Section 8, Clause 17 and
Article 4, Section 3, Clause 2, of the U.S. Constitution. These
expressed authorities were given only out of necessity to provide
the general government with some sort of ability to protect the
Congress assembled.
In the most extreme contemplation of the Constitution, our
Founding Fathers never envisioned that these two Clauses (1:8:17
and 4:3:2) could have been utilized to impose their expressed
Legislative Powers upon the second highest Sovereignty, that
being the States of the Union (the highest being "We the
People"). Considering the proceedings of the convention, the
same observation is pertinent which we have previously made as to
the 50 States. The Continental Congress never considered it to
be possible for these two clauses to be utilized so as to
derogate the Supreme Sovereignty of "We the People".
If the average man were to read the Revenue Laws and accept
them at face value, it would appear that the government has all
the advantages and that the entire Title 26 could be interpreted
at the whim and caprice of the Revenue Agents. But, this is not
the case. The chains of the Constitution do not allow this, and
Congress could not and did not enact most of these Revenue Laws
for the Sovereigns within the 50 States. When Congress included
a particular Revenue Act into Title 26, U.S.C., they were
specific and definitive in stating upon whom that Revenue Act had
effect, as you will see from the following:
UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE CODE
SUBTITLE D -- MISCELLANEOUS EXCISE TAXES
CHAPTER 38 -- Environmental Taxes
Subchapter A -- Tax on Petroleum
Section 4611. Imposition of Tax.
(a) General Rule. -- There is hereby imposed a tax at the
rate specified in subsection (c) on --
(1) crude oil received at a United States Refinery,
and
(2) petroleum products entered into the United States
for consumption, use or warehousing.
Section 4612. Definitions and Special Rules.
(a) Definitions. -- For purposes of this subchapter --
(4) United States. --
(A) In General. -- The term "United States" means
the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, any possession
of the United States, the Commonwealth of the
Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
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The preceding is a true Import Tax, as allowed by the
Constitution. It contains all the indicia of being uniform, and
therefore it passes the Constitutionality test and can operate
within the 50 Sovereign States (see 1:8:1). The language of this
Revenue Act is simple, specific and definitive, and it would be
impossible to attach the "void for vagueness" doctrine to it.
When we consider Section 4612 and examine the evidence
presented in this Chapter and Chapter 4, it is clear, when
writing the Social Security Act, Congress intended this Revenue
Act to operate only within the "Federal United States" (per
definition)! The intent of Congress shall not be added to or
subtracted from. If a Revenue Act is enacted into Law within the
guidelines of the Constitution, then we must obey the Law.
The following is another Revenue Act that contains
definitions that could be misunderstood if you were not thorough
enough in your research, especially when we contemplate the term
"United States". Please study the provisions of this Revenue Act
and you will see that the definitions are in contradistinction to
the definitions generally used within Subtitles "A", "B", and "C"
of the United States Code, Title 26:
UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE CODE
SUBTITLE D -- MISCELLANEOUS EXCISE TAXES
CHAPTER 38 -- Environmental Taxes
Subchapter B -- Tax on Certain Chemicals
Section 4661. Imposition of Tax.
(a) General Rule. -- There is hereby imposed a tax on any
taxable chemical sold by the manufacturer, producer, or
importer thereof.
Section 4662. Definitions and Special Rules.
(a) Definitions. -- For purposes of this subchapter --
(2) United States. -- The term "United States" has the
meaning given such term by section 4612(a)(4).
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I believe our Supreme Court can close this portion more
eloquently then I:
Keeping in mind the well settled rule that the citizen is
exempt from taxation unless the same is imposed by clear and
unequivocal language, and that where the construction of a
tax law is doubtful, the doubt is to be resolved in favor of
those upon whom the tax is sought to be laid.
[Spreckels Sugar Refining Co. v. McLain, 192 U.S. 397, 416]
[emphasis added]
In the interpretation of statutes levying taxes it is the
established rule not to extend their provisions, by
implication, beyond the clear import of the language used,
or to enlarge their operations so as to embrace matters not
specifically pointed out. In case of doubt they are
construed most strongly against the Government, and in favor
of the citizen.
[U.S. v. Wigglesworth, 2 Story 369]
[emphasis added]
See also Benziger v. U.S., 192 U.S. 38, 55, and Gould v. Gould,
245 U.S. 151, 153 (1917).
SOCIAL SECURITY
We shall now address our attention to our indentured fellow
Citizens, known in the business world as entrepreneurs. These
"rugged individuals" still have a flicker of the candle that
burned ever so brightly in the early days of our beloved
Republic. Today, the country knows these "solid men" as being in
"Free Enterprise". The Federal Government, the Internal Revenue
Service and the Tax Code (Title 26 U.S.C.) define the
aforementioned as "self-employed".
Before we proceed to examine this tax, let us lay some
ground work. We must hold in our mind that this tax is a Social
Security Tax; its foundation is within the Social Security Act
in Pari Materia, as follows:
Pari Materia. Latin. Of the same matter; on the same
subject; as, laws pari materia must be construed with
reference to each other. Bac. Abr. "Statute," 1, 3.
[Black's Law Dictionary, Third Edition (1933), page 1324]
First, I would like to refresh your memory by recalling the
definition of "State(s)" and "United States" as those terms are
used in the Social Security Act. We shall use the master
definition as exhibited in Section 1301 of Title 42, United
States Code:
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TITLE 42 UNITED STATES CODE
THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 -- SOCIAL SECURITY
SUBCHAPTER XI -- GENERAL PROVISIONS
(1982 edition)
Section 1301(a) When used in this chapter --
(1) The term "STATE", except where otherwise provided,
INCLUDES the District of Columbia and the Commonwealth of
Puerto Rico, and when used in subchapters IV, V, VII, XI,
and XIX of this chapter INCLUDES the Virgin Islands and
Guam. Such term when used in subchapters III, IX, and XII
of this chapter ALSO INCLUDES the Virgin Islands. Such term
when used in subchapter V and in Part B of this subchapter
of this chapter ALSO INCLUDES American Samoa, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands. Such term when used in subchapter XIX of this
chapter ALSO INCLUDES the Northern Mariana Islands and
American Samoa. In the case of Puerto Rico, the Virgin
Islands, and Guam, subchapters I, X, and XIV, and subchapter
XVI of this chapter (as in effect without regard to the
amendment made by section 301 of the Social Security
Amendments of 1972) shall continue to apply, and the term
"STATE" when used in such subchapters (but not in subchapter
XVI of this chapter as in effect pursuant to such amendment
after December 31, 1973) INCLUDES Puerto Rico, the Virgin
Islands, and Guam. Such term when used in subchapter XX of
this chapter ALSO INCLUDES the Virgin Islands, Guam, and the
Northern Mariana Islands.
(2) The term "UNITED STATES" when used in a
geographical sense MEANS, except when otherwise provided,
the STATES.
(8)(A) The "Federal percentage" for any State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be 100
per centum less the State percentage; and the Stage
Percentage shall be that percentage which bears the same
ratio to 50 per centum as the square of the per capita
income of such State bears to the square of the per capital
income of the United States; except that the Federal
percentage shall in no case be less than 50 per centum or
more than 65 per centum.
(8)(B) The Federal percentage for each State (other
than Puerto Rico, the Virgin Islands, and Guam) shall be
promulgated by the Secretary between October 1 and November
30 of each even-numbered year, on the basis of the average
per capital income for EACH State AND of the United States
for the three most recent calendar years for which
satisfactory data are available from the Department of
Commerce. Such promulgation shall be conclusive for each of
the eight quarters in the period beginning October 1 next
succeeding such promulgation: Provided, That the Secretary
shall promulgate such percentages as soon as possible after
August 28, 1958, which promulgation shall be conclusive for
each of the eleven quarters in the period beginning October
1, 1958, and ending with the close of June 30, 1961.
(8)(C) The term "United States" MEANS (but ONLY for
purposes of subparagraphs (A) and (B) of this paragraph) THE
FIFTY STATES and the District of Columbia. [emphasis added]
[see also Compilation of the Social Security Laws]
[98th Congress, 2nd Session, Committee Print]
[through April 1, 1984, pages 397 and 398]
Letters to Social Security Administration:
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We will use a slightly different approach in this Section,
but we will adhere to the same principles used previously.
The following is a Federal Land Area Chart which will
clearly identify what we are discussing when we refer to the
"Federal United State(s)". The following will be taken from
Section 1301 of Title 42. These land areas will be designated as
"Federal State(s)", or "Federal Possession(s)":
FEDERAL LAND AREA CHART
(1) District of Columbia .......................... Federal State
(2) Commonwealth of Puerto Rico ................... Federal State
(3) Virgin Islands ................................ Federal State
(4) Guam .......................................... Federal State
(5) American Samoa ................................ Federal State
(6) Northern Mariana Islands ................. Federal Possession
(7) Trust Territory of the Pacific Islands ... Federal Possession
Inclusive of the aforementioned Federal State(s) and Federal
Possession(s), the exclusive legislative jurisdiction of Congress
also extends over all places purchased by the consent of the
Legislature of one of the 50 State(s), in which the same shall
be, for the erection of forts, magazines, arsenals, dock-yards,
and other needful buildings (see 1:8:17 in U.S. Constitution).
There are many "land areas" within the 50 States that are
managed by the Federal Government, but "exclusive" legislative
jurisdiction is not always retained in each instance by the
Federal Government.
I would like to make a few more entries for the Director's
future reference. The following are located in the United States
Code, Title 26:
Section 2014(g) Possession of United States Deemed a
Foreign Country. -- For purposes of the credits authorized
by this section, each possession of the United States shall
be deemed to be a foreign country.
and ...
Section 638. Continental Shelf Areas.
For purposes of applying the provisions of this chapter
(including sections 861(a)(3) and 862(a)(3) in the case of
the performance of personal services) with respect to mines,
oil and gas wells, and other natural deposits --
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(1) the term "United States" when used in a geographical
sense includes the seabed and subsoil of those
submarine areas which are adjacent to the territorial
waters of the United States and over which the United
States has exclusive rights, in accordance with
international law, with respect to the exploration and
exploitation of natural resources; and
(2) the terms "foreign country" and "possession of the
United States" when used in a geographical sense
include the seabed and subsoil of those submarine areas
which are adjacent to the territorial waters of the
foreign country or such possession and over which the
foreign country (or the United States in case of such
possession) has exclusive rights, in accordance with
international law, with respect to the exploration and
exploitation of natural resources, but this paragraph
shall apply in the case of a foreign country only if it
exercises, directly or indirectly, taxing jurisdiction
with respect to such exploration or exploitation.
No foreign country shall, by reason of the application of
this section, be treated as a country contiguous to the
United States.
and ...
Section 7871. Indian Tribal Governments Treated As States
for Certain Purposes.
(a) General Rule. -- An Indian tribal government shall be
treated as a State -- ...
(d) Treatment of Subdivisions of Indian Tribal Governments
as Political Subdivisions. -- For the purposes
specified in subsection (a), a subdivision of an Indian
tribal government shall be treated as a political
subdivision of a State if (and only if) the Secretary
determines (after consultation with the Secretary of
the Interior) that such subdivision has been delegated
the right to exercise one or more of the substantial
governmental functions of the Indian tribal government.
Section 7806. Construction of Title.
(a) Cross References. -- The cross references in this title
to other portions of the title, or other provisions of
law, where the word "see" is used, are made only for
convenience, and shall be given no legal effect.
(b) Arrangement and Classification. -- No inference,
implication, or presumption of legislative construction
shall be drawn or made by reason of the location or
grouping of any particular section or provision or
portion of this title, nor shall any table of contents,
table of cross references, or similar outline,
analysis, or descriptive matter relating to the
contents of this title be given any legal effect. The
preceding sentence also applies to the sidenotes and
ancillary tables contained in the various prints of
this Act before its enactment into law.
Letters to Social Security Administration:
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Let us now look at the Sections of Title 26, United States
Code, which impose these Social Security TAXES upon the
entrepreneurs of the Land of the Free and the Home of the Brave:
UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE CODE
SUBTITLE A -- INCOME TAXES
CHAPTER 2 -- TAX ON SELF-EMPLOYMENT INCOME
Section 1401. Rate of Tax.
(a) Old-Age, Survivors, and Disability Insurance. -- In
addition to other taxes, there shall be imposed for
each taxable year, on the self-employment income of
every individual, a tax equal to the following percent
of the amount of the self-employment income for such
taxable year:
In the case of a taxable year
Beginning after: And before: Percent
December 31, 1983 January 1, 1988 11.40
December 31, 1987 January 1, 1990 12.12
December 31, 1989 12.40
(b) Hospital Insurance. -- In addition to the tax imposed
by the preceding subsection, there shall be imposed for
each taxable year, on the self-employment income of
every individual, a tax equal to the following percent
of the amount of the self-employment income for such
taxable year:
In the case of a taxable year
Beginning after: And before: Percent
December 31, 1983 January 1, 1985 2.60
December 31, 1984 January 1, 1986 2.70
December 31, 1985 2.90
Please read closely Section (a) of the preceding, then read
the heading of this portion of the Code. It is easy to see that
this is just another tax! Yet, we were told we were buying
"insurance". This is not a premium upon some insurance policy;
this is a tax on, and for, my purported dues for a Franchise
called National Socialism. The "Other Taxes" imposed in this
very same Subtitle are taxes upon any additional profits I might
make because of the limited liability the purported sovereign
offers me through this scheme. The Inheritance Taxes are in
Subtitle B. I know this purported sovereign will not allow me to
devolve my share to my Posterity before this sovereign receives a
pledge from my posterity.
Letters to Social Security Administration:
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The following may appear complicated, but if you will please
bear with me, we can successfully wade through this esoteric
mess, and we will reach the obvious conclusion, as follows:
We shall begin by determining how the Congress defined
self-employment:
Section 1402.
(b) Self-Employment Income. -- The term "self-employment
income" means the net earnings from self-employment
derived by an individual (other than a nonresident
alien individual, except as provided by an agreement
under section 233 of the Social Security Act) during
any taxable year .... An individual who is not a
citizen of the United States but who is a resident of
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, or American Samoa shall not, for purposes of this
chapter be considered to be a nonresident alien
individual.
See also Title 42, United States Code, Chapter 7, Section 411(b).
If an individual is a "Nonresident Alien", he would not be
subject to this tax! The Government has made a big thing out of
the status of this individual, someone who doesn't live in the
"United States" and who is a foreigner. Of course, determining
the status of this "nonresident alien" would be the obvious place
to begin an investigation, in order to discover how lawfully to
avoid paying this tax. Evidently, this "nonresident alien" is an
individual who doesn't live "here" and who is not a "citizen",
but who must have a lot of influence over Congress.
First, we should see what the dictionaries have to say about
this fellow who appears to have all these special privileges and
advantages. In the past, these special privileges and advantages
have been denied to the undersigned, a free white male now
domiciled, sustaining his life by "Private Enterprise" as a
Sovereign At Law in Marin County, California state.
DEFINITIONS
WEBSTER'S SEVENTH
NEW COLLEGIATE DICTIONARY
1972
non-res-i-dence \ also non-res-i-den-cy \ n: the state or
fact of not residing in a particular place -- non-resident
and ...
1 alien \ n, 1 a: belonging or relating to another person or
place : STRANGE b: relating, belonging, or owing allegiance
to another country or government : FOREIGN 2: different in
nature or character.
2 alien \ n, 1: a person of another family, race, or nation
2: a foreign-born resident who has not been naturalized and
is still a subject or citizen of a foreign country;
broadly: a foreign-born citizen.
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BLACK'S LAW DICTIONARY
SIXTH EDITION
1990
Non-resident. One who does not reside within jurisdiction
in question; not an inhabitant of the state of the forum.
Special rules govern service of process on non-residents;
e.g. Fed. R. Civil. P. 4(e). See Long arm statutes.
Non-resident alien. One who is neither a resident nor a
citizen of the United States. Citizenship is determined
under the federal immigration and nationalization laws (U.S.
Code, Title 8.)
BLACK'S LAW DICTIONARY
THIRD EDITION
1933
Non-resident. One who is not a dweller within jurisdiction
in question; not an inhabitant of the state of the forum.
and ...
Alien. n. A foreigner; one born abroad; a person resident
in one country, but owing allegiance to another. In England,
one born out of the allegiance of the king. In the United
States, one born out of the jurisdiction of the United
States, and who has not been naturalized under the
constitution and laws.
BOUVIER'S LAW DICTIONARY
AND CONCISE ENCYCLOPEDIA
1914
Non-resident. Not residing in the jurisdiction. Service of
process on non-residents is void, excepting cases which
proceed in rem, such as proceedings in admiralty or by
foreign attachment, and the like, or where the property in
litigation is within the jurisdiction of the court.
One does not necessarily become a non-resident by absconding
or absenting himself from his place of abode, Lindsey v.
Dixon, 52 Mo. App. 291; nor does a mere casual or temporary
absence on business or pleasure render one a non-resident,
even if he may not have a house of usual abode in the state,
Crawford v. Wilson, 4 Barb. (N.Y.) 504; if there is no
intent to change his residence, Fitzgerald v. McMurran, 57
Minn. 313, 59 N.W. 199. But where a man has settled abode,
for the time being, in another state for the purposes of
business or pleasure, he is a non-resident, Hanson v.
Graham, 82 Cal. 631, 23 Pac. 56, 7 L.R.A. 127; and it has
been held that one who departs from the state with his
family and remains absent for about a year is a non-
resident, though he has not acquired a residence elsewhere,
and though he intended to return in a few months;
[page 2359]
Letters to Social Security Administration:
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and ...
Alien. (Latin alienus, belonging to another; foreign).
A foreigner; one of foreign birth. In England, one born
out of the allegiance of the king. In the United States,
one born out of the jurisdiction of the United States and
who has not been naturalized under their constitution and
laws. 2 Kent 50. [page 172]
Considering the aforementioned definitions of "Nonresident
Alien", we still have an individual who doesn't live here and is
a foreigner. The terms are not consistent with reason and logic.
Why would so much emphasis be put upon this individual: "One who
is neither a resident nor a citizen within the jurisdiction in
question"? You have probably figured out to whom the Congress is
referring, if you have carefully studied and understood the
jurisdictional issues discussed above.
I do not live "within" the geographical areas as defined by
Congress and as previously demonstrated in our Federal Land Area
Chart. I am a Nonresident Alien Individual (per definition) and
I do not owe this tax. The exact same principles that applied to
"Within the United States" at 26 U.S.C. 3121(b) also apply to the
Nonresident Alien described at 26 U.S.C. 1402(b).
It appears that this Nonresident Alien individual, who seems
to have so much influence and awesome authority over Congress,
and who has been exempted by Congress from the taxes imposed by
the Internal Revenue Code, Title 26, is none other than "We the
People", the "Body Politic". Specifically, in the case of a
nonresident alien individual, the quantity "gross income"
includes only gross income which is effectively connected with a
"United States" trade or business, and gross income which is
derived from sources within the "United States" (see 26 U.S.C.
872(a)).
The "Other Taxes" imposed by Section 1401(a) and 1401(b)
have an emphasis on the term "self-employed", the "person(s)"
upon whom Congress intended to lay this "Social Security Tax" in
addition to "Other Taxes".
There are two additional terms we must define in order to
wade through the Internal Revenue Code. These definitions
complete our search for understanding to whom Congress is
referring when it imposes the Income Tax. Hopefully, our final
definitions are:
"SELF EMPLOYMENT"
AND
"TRADE OR BUSINESS"
Section 1402.
(b) Self-Employment Income. -- The term "self-employment
income" means the net earnings from self-employment
derived by an individual (other than a nonresident
alien individual, except as provided by an agreement
under section 233 of the Social Security Act) .... An
individual who is not a citizen of the United States
but who is a resident of the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, or American Samoa shall
not, for purposes of this chapter be considered to be a
nonresident alien individual.
[26 U.S.C. 1402(b)]
See also 42 U.S.C., Chapter 7, Section 411(b).
Letters to Social Security Administration:
Page 137 of 153
As you can see, the residents of the Commonwealth of Puerto
Rico, the Virgin Islands, Guam and American Samoa are not
considered to be Nonresident Alien individuals. By now, this
should be self-explanatory. Throughout our entire decodification
of the Internal Revenue Code, Title 26, we have established that
the Social Security Act was written ONLY for the Federal States
and Possessions.
UNITED STATES CODE
TITLE 26 -- INTERNAL REVENUE
SUBTITLE F -- PROCEDURE AND ADMINISTRATION
CHAPTER 79 -- DEFINITIONS
Section 7701. Definitions.
(a) When used in this title, where not otherwise distinctly
expressed or manifestly incompatible with the intent
thereof --
(26) Trade or Business. -- The term "trade or business"
includes the performance of the functions of a
public office.
and ...
Section 217. Moving Expenses.
(f) Rules for Self-Employed Individuals. --
(1) Definition. -- For purposes of this section, the
term "self-employed individual" means an
individual who performs personal services --
(A) as the owner of the entire interest in an
unincorporated trade or business, or
(B) as a partner in a partnership carrying on a
trade or business.
[26 U.S.C. 217(f)]
and ...
Section 864. Definitions.
(b) Trade or Business within the United States. -- For
purposes of this part, part II, and chapter 3, the term
"trade or business within the United States" includes
the performance of personal services within the United
States at any time within the taxable year, but does
not include --
(1) Performance of Personal Services for Foreign
Employer. -- The performance of personal services
(A) for a nonresident alien individual, foreign
partnership, or foreign corporation, not
engaged in trade or business within the
United States ....
[26 U.S.C. 864(b)]
Letters to Social Security Administration:
Page 138 of 153
So, there we have it. We tie the whole thing together, and
we reach the final obvious conclusion: The "Taxes" that are
imposed are imposed upon "Public Officials" that work for the
United States government (per definition).
If you have absorbed anything about our Constitution, you
know that by the use of Article 1, Section 8, Clause 17 and
Article 4, Section 3, Clause 2, the Congress has all the Powers
exclusively, and the Social Security Act was written within, and
for, this jurisdiction. "We the People" were requested to submit
an application and to obtain permission to join this scheme of
National Socialism.
The "Corporation" founded by "We the People", commonly known
as the United States Federal Government, has guaranteed in their
Manifesto, known as Title 42, United States Code, the statutory
right for subjects to receive according to their needs; and with
its extension, known as Title 26, United States Code, subjects
are required to pay according to their abilities.
I will again use documents published by the Federal
Government for this demonstration:
9.21-1 Meaning of net income
(a) The tax imposed by Title 1 is upon income. Neither
income exempted by statute or fundamental law, nor expenses
incurred in connection therewith, other than interest, enter
into the computation of net income as defined by section 21.
[Code of Federal Regulations, Title 26 (1939), page 1623]
[emphasis added]
If I have and use a Social Security Account Number, can the
"Fundamental Law" portion of Section 9.21-1 apply to me? Answer:
No. Am I compelled to give up my natural rights? Answer: No.
9.22(b)-1 Exemptions; exclusions from gross income.
Certain items of income specified in section 22(b) are
exempt from tax and may be excluded from gross income.
These items, however, are exempt only to the extent and in
the amount specified. No other items are exempt from gross
income except (1) those items of income which are, under the
Constitution not taxable by the Federal Government ....
[Code of Federal Regulations, Title 26 (1939), page 1632]
Letters to Social Security Administration:
Page 139 of 153
By a voluntary request for, and voluntary use of, the
Federal Franchise called Social Security, a Sovereign individual
rescinds his rights under the Constitution and allows himself to
be a "subject" of the Congress. This I will not do.
9.54-1 Records and income tax forms.
(a) Every person subject to the tax, except persons whose
gross income (1) consists solely of salary, wages, or
similar compensation for personal services rendered, or (2)
arises solely from the business of growing and selling
products of the soil, shall ... keep such permanent books of
account or records ....
[Code of Federal Regulations, Title 26 (1939), page 1738]
The Social Security Franchise would make me a "taxpayer";
therefore sections 9.21-1, 9.22(b)-1, and 9.54-1 would not apply
to me. My "Wages with respect to Employment" would be the
formula by which the revenue laws measure the taxes. The "Self-
Employed" compensation for personal services rendered by a person
who receives it "From Sources within the United States" is the
formula by which the Revenue Laws measure the taxes. Therefore,
I would be under a duty to keep such books and records, and I
would be required to file a "Tax Return" by regulations
promulgated by the Secretary.
The provisions of Article 1, Section 2, Clause 3 and Article
1, Section 9, Clause 4 and, for that matter, any of the Articles
of the Bill of Rights, which specifically protect the same
individual, are of no value to any individual who applies for,
and uses, a number that encompasses the Social Security scheme!
If I wish to conduct "Private Enterprise", I must do it on
my own, without assistance from government. I have never asked
for assistance, nor will I. Henry Campbell Black defines these
rights as natural rights of Common Law Entrepreneurs:
Proprietary, n. A proprietor or owner; one who has the
exclusive title to a thing; one who possesses or holds the
title to a thing in his own right. The grantees of
Pennsylvania and Maryland and their heirs were called the
proprietaries of those provinces. Webster.
Proprietary rights. Those rights which an owner of property
has by virtue of his ownership. When proprietary rights are
opposed by acquired rights, such as easements, franchises,
etc., they are more often called "Natural Rights". Sweet.
[Black's Law Dictionary, Third Edition (1933), page 1449]
Letters to Social Security Administration:
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Therefore, as you can plainly see, you had no authority to
compel me to join Social Security. You had no authority to tell
Citizens in the States of the Union that Social Security account
numbers were mandatory. The only issue left to be resolved is
fraud, treason and sedition. The Social Security scheme was a
trap to create slaves of the remaining free people within the
Sovereign States of the Union. I will not be one of them. You
see, I took the time to read the "Analysis of the Social Security
System, Hearings before a Subcommittee of the Committee on Ways
and Means, House of Representatives, Eighty-Third Congress, First
Session on The Legal Status of OASI Benefits, November 27, 1953."
Do not tell me that this document does not contain irrefutable
proof and evidence of fraud. For example, see pages 935 and 936.
Therefore, you will now notify all pertinent and appropriate
Federal and State entities of this withdrawal, thereby restoring
partially what has been taken from me, due to your constructive
fraud.
Correctly submitted this _________ day of _________________,
1982 Anno Domini.
/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 state
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of _______________________________, 1982,
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,
executed without prejudice.
_____________________________________
Notary Public
Letters to Social Security Administration:
Page 141 of 153
Certified Mail Number: __________________________________________
Date: __________________________________________
John E. Trumane
c/o General Delivery
Marin County
San Rafael, California state
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,
Letters to Social Security Administration:
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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 Code), and/or
Title 27 U.S.C., and with respect to the rules and regulations
promulgated thereunder as follows:
The Internal Revenue Code, Title 26, and/or Title 27, United
States Code, 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,
Letters to Social Security Administration:
Page 143 of 153
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,
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,
Letters to Social Security Administration:
Page 144 of 153
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
20. Therefore, I, John E. Trumane, am a natural born free
inhabitant and, as such, a Sovereign Citizen/Principal inhabiting
California state. 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,
Letters to Social Security Administration:
Page 145 of 153
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 Code, 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 Code, 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
___________________________, 1982.
Subscribed, sealed and affirmed to this ________________ day of
___________________________, 1982.
/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 state
Letters to Social Security Administration:
Page 146 of 153
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of ______________________________, 1982,
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
Letters to Social Security Administration:
Page 147 of 153
John E. Trumane
Marin County, California
c/o General Delivery
San Rafael, California state
united States of America
TO: Registry of Vital Records
Commonwealth of Massachusetts
150 Tremont Street, Room B-3
Boston, Massachusetts
Postal Zone 02111
TO: Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
California State/Republic )
) Subscribed, Sworn and Sealed
Marin County )
PREAMBLE
I, John E. Trumane, being natural born in Massachusetts a
white male human being, now living in Marin County, California
state, as a Citizen in California state, do 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, the undersigned, a free white male Citizen in California
state, and thereby in the united States of America, hereby
affirm, declare and give notice:
1. That I am competent to testify to the matters herein;
and further,
2. That I have personal knowledge of my status and of the
facts and evidence stated herein; and further,
3. That all the facts stated herein are not hearsay but
true and correct, and admissible as evidence, if not rebutted;
and further,
Letters to Social Security Administration:
Page 148 of 153
4. That I, John E. Trumane, am of lawful age and
competent; I am a natural born free white Citizen now living in
California state, and thereby in the united States of America, in
fact, by right of heritage, a Citizen inhabiting California
state, protected by the Northwest Ordinance of 1787, the Organic
Act of 1849, the original Constitution of California (1849), the
Articles of Confederation (1777), the Constitution for the united
States of America (1787) including its Preamble, and the Bill of
Rights (1791) including its Preamble; and as such I retain all
my fundamental, unalienable rights granted by God in positive
law, embodied in the Declaration of Independence of 1776 and
binding rights upon myself and my parentage, this day and for all
time; and further,
5. That this document has been prepared, witnessed and
filed because the State of Massachusetts holds the position that
there are no statutory provisions to rescind a Birth Certificate,
nor any trust or contractual obligations derived therefrom, and
because there is no other remedy available to me at law by which
I can declare and enforce my right to be free from State
enfranchisement and the benefits therefrom; and further,
6. That, on my birthday, June 21, 1948, I was born in
Worcester, Massachusetts to my parents, Peter F. Modzelewski and
Ann M. (Young) Modzelewski, who were both under the misconception
that they were required to secure a Certificate of Birth on my
behalf, and they did obtain the same; and further,
7. That my parents were not aware that, at the Common Law,
births were to be recorded in the family Bible, and that only
deaths were made a matter of public record; and further,
8. That my parents were not aware that any certificate
required by statute to be made by officers may, as a rule, be
introduced into evidence (see Marlowe v. School District, 116 Pac
797) and, therefore, they were acquiescing to State requirements
which violate my rights to privacy and the 4th Amendment
protections under the Constitution for the united States of
America, because the Birth Certificate is the record of the State
of Massachusetts, not of the individual, and the State may be
compelled to introduce said record without my permission; and
further,
9. That such statutory practices by the State of
Massachusetts are deceitful misrepresentations by the State and
society, on the recording of births, and my parents were unaware
that a Birth Certificate was not necessary, nor were they aware
that they were possibly waiving some of my rights, which rights
are unalienable rights guaranteed to me by the Constitution for
the united States of America; and further,
10. That the doctor who delivered me acted as a licensed
agent of the State of Massachusetts without the consent of either
my own parents or myself, and offered me into a State trust to be
regulated as other State and corporate interests and property as
a result of that offer and acceptance, which comprises a fiction
of law under statutory law (called contracts of adhesion,
contracts implied by law, constructive contracts, quasi
contracts, also referred to as implied consent legislation); and
further,
Letters to Social Security Administration:
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11. That, from my own spiritual beliefs and training, I
have come, and I have determined that the right to be born comes,
from God Almighty (who knew me before I existed) -- not the State
of Massachusetts and not the State of California -- and therefore
original jurisdiction upon my behavior requiring any specific
performance comes from my personal relationship with God
Almighty, unless said performance causes demonstrable damage or
injury to another natural human being; and further,
12. That, after studying the Birth Certificate, I have come
to the conclusions that the Birth Certificate creates a legal
estate in myself, and acts as the nexus to bring actions against
this individual as if he were a corporate entity, that the State
of Massachusetts, in cooperation with the federal government and
its agents and assigns, is maintaining the Birth Certificate so
as to assume jurisdiction over many aspects of my life in direct
contravention of my unalienable rights and Constitutionally
secured rights to be a "Freeman" and to operate at the Common
Law; and further,
13. That such statutory provisions also cause a loss or
diminution (depending upon other statutory provisions) of rights
guaranteed by the 1st, 2nd, 4th, 5th, 6th, 7th, and 9th
amendments in the Constitution for the united States of America;
and further,
14. That, as a result of my earnest and diligent studies,
my prior ignorance has come to an end, and I have regained my
capacity to be an American Freeman; therefore, it is now
necessary that I declare any nexus assumed as a result of the
Birth Certificate, by the State of Massachusetts or by any of
its agents and assigns, including the federal government, and any
jurisdictional or other rights that may be waived as a result of
said trust/contract with all forms of government, to be null and
void from its inception, due to the deceptive duress, fraud,
injury, and incapacity perpetrated upon my parents and myself by
the State of Massachusetts, the third party to the contract; and
further,
15. That I was neither born nor naturalized in the "United
States" as defined in Title 26, United States Codes and,
therefore, I am not subject to its foreign jurisdiction. See 26
CFR 1.1-1(b)-(c); and further,
16. That, with this revocation of contract and the
revocation of power, I do hereby claim all of my rights, all of
my unalienable rights and all rights guaranteed by the
Constitution for the united States of America, at law, and do
hereby declare, to one and all, that I am a free and independent
Citizen now inhabiting California state, who is not a creation
of, nor subject to any State's civil law of admiralty, maritime,
or equity jurisdictions and, as such, I am only attached to the
judicial Power of California and/or the united States of America;
and further,
Letters to Social Security Administration:
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17. That I affirm, under penalty of perjury, under the
Common Law of America, without the "United States" (see 1:8:17
and 4:3:2 in the U.S. Constitution), that the Preamble and
Sections 1 thru 16 of this Affidavit, are true and correct and so
done in good faith to the best of my knowledge; and further,
18. 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 that I have exercised the
"Remedy" provided for me in the Uniform Commercial Code in Book 1
at Section 207, 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; that my explicit reservation of
rights has served notice upon ALL administrative agencies of
government, whether international, national, state, or local,
that I do not, and will not accept the liability associated with
the "compelled" benefit of any unrevealed commercial agreements;
and 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 This Affiant Saith Not.
Subscribed and affirmed to, Nunc Pro Tunc, on the date of my
majority, which date was June 21, 1969.
Subscribed, sealed and affirmed to this __________________ day of
__________________________, 1982 Anno Domini.
I now affix my signature to all of the affirmations herein
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,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 151 of 153
John E. Trumane
c/o General Delivery
San Rafael, California state
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of _______________________________, 1982,
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,
executed without prejudice.
_____________________________________
Notary Public
Letters to Social Security Administration:
Page 152 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this ASSEVERATION has
been made on interested parties by mailing one copy thereof, on
this , day of , 1982, in a sealed envelope
with postage prepaid, properly addressed to them as follows:
Registry of Vital Records
Commonwealth of Massachusetts
150 Tremont Street, Room B-3
Boston, Massachusetts
Postal Zone 02111
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dated , 1982
/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.
Letters to Social Security Administration:
Page 153 of 153
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John E. Trumane