Certified Mail Number: __________________________________________
Date: __________________________________________
John E. Trumane
c/o general delivery
Marin County
San Rafael, California Republic
united States of America
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE 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 the California Republic, and
thereby in the united States of America, in fact, by right of
heritage, a Citizen inhabiting the California Republic, protected
via hereditary succession by my predecessors' previous contracts
with government as found in the Northwest Ordinance of 1787, the
Organic Act of 1849, the original Constitution of California, the
Articles of Confederation of 1777, the Constitution for the
united States of America (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,
Correspondence with State of California:
Page 1 of 24
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 Post Office Box xxxx, San Rafael,
California Republic, being duly sworn and affixing my signature
to this document, do hereby make the following statement of fact
and affirm: the so-called "Social Security" number xxx-xx-xxxx
is 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,
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
Correspondence with State of California:
Page 2 of 24
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,
Correspondence with State of California:
Page 3 of 24
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,
Correspondence with State of California:
Page 4 of 24
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,
Correspondence with State of California:
Page 5 of 24
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,
Correspondence with State of California:
Page 6 of 24
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
Correspondence with State of California:
Page 7 of 24
17. That, after careful study of the IRC, and after
consultations on the provisions of that Code with informed
lawyers, tax accountants and tax preparers concerning the
provisions of the IRC, I have never found or been shown any
sections of the IRC that imposed any requirement on me as a free
Sovereign natural born Citizen and unprivileged inhabitant,
living and working within a County within a State of the Union,
to file a "Form 1040 Income Tax Return" or any other State income
tax form, or that imposed a requirement upon me to pay a tax on
"income", or that would classify me as a "person liable", as a
"person made liable", or as a "taxpayer" as the term "taxpayer"
is defined in 26 U.S.C. Section 7701(a)(14), which states: "The
term 'taxpayer' means any person subject to any internal revenue
tax."; and further,
18. That, after the study and consultations mentioned in
paragraph 17, the only mention of any possible requirement upon
me, as an individual, to pay a tax on "income", that I could
find, or was shown in 26 U.S.C., was the title of Part I under
Subtitle A, Chapter 1, Subchapter A (which is deceptively titled
"Tax on Individuals") and Section 6012(a), Subtitle F, Chapter
61-A, Part II-B, Subpart B, and the California Tax Statutes;
that a careful study and earnest examination of these parts of
the IRC revealed that the "individuals" to whom these sections
refer are, in fact, either individuals who work within a foreign
country like France and are taxed according to a tax treaty, or
they are nonresident aliens who receive income which is either
effectively connected with the conduct of a trade or business
within the corporate jurisdiction of the "United States", or
derived from sources within the corporate jurisdiction of the
"United States", although not effectively connected with the
conduct of trade or business within the corporate jurisdiction of
the "United States", according to Sections 871 and 872 of the
IRC; and that, to the best of my knowledge, I have never
conducted any trade or business within the corporate jurisdiction
of the "United States", nor have I ever derived income from
sources within the corporate jurisdiction of the "United States";
and further,
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,
Correspondence with State of California:
Page 8 of 24
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,
Correspondence with State of California:
Page 9 of 24
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,
Correspondence with State of California:
Page 10 of 24
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 U.S. 742 at 748 (1970); and
that I myself have given no such "waivers"; and further,
Correspondence with State of California:
Page 11 of 24
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 U.S. 528 at 533); it is, therefore, now
mandatory for any personnel of the Federal Legislative Democracy
or its agents to FIRST PROVE its "jurisdiction," if any, over me
before any further procedures can take place in my regard, per
Title 5 United States Code, "Government Organization and
Employees," Section 556(d), specifically by disclosing in writing
any and all contracts or other commercial agreements whereby the
Federal Legislative Democracy and its agents claim to have
obtained controlling interest in me such that my specific
performance to any third party debt or obligation can be
compelled; OR ELSE any of its personnel and accomplices who
willfully violate this statute can and shall be personally
charged as citizens under Title 18 U.S. Criminal 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
Correspondence with State of California:
Page 12 of 24
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 April 30, 1947, I have
always been a NONRESIDENT ALIEN with respect to the Federal
Legislative Democracy of the "United States", never having
resided, worked, nor having any income, to the best of my
recollection, from any sources within the District of Columbia,
Puerto Rico, Virgin Islands, Guam, American Samoa, Northern
Mariana Islands, the Trust Territory of the Pacific Islands or
any other territory or possession within the "United States",
which entity obtains its exclusive legislative authority and
jurisdiction from Article 1, Section 8, Clauses 17 and 18 and
Article 4, Section 3, Clause 2 of the U.S. Constitution; that I
have always been a non-taxpayer outside the venue and
jurisdiction of Title 26, United States Code; that, to the best
of my knowledge, I have never had any "U.S. trade or business" as
defined in Title 26 and in 26 C.F.R.; that, to the best of my
knowledge, I have never had any "gross income" from any U.S.
sources, as the term "gross income" is defined in 26 U.S.C.
872(a); and further,
34. That my use of IRS Forms 1040X and 1040NR shall be
presumed to mean that they were filed solely to correct the
administrative record permanently, retroactively to 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,
Correspondence with State of California:
Page 13 of 24
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 the California
Republic, living and working in Marin County, living under the
Common Law, having assumed, among the powers of the Earth, the
Separate and Equal Station to which the Laws of Nature and
Nature's God entitles me, in order to secure the Blessings of
Liberty to Myself and my Posterity, and in order to re-acquire
the Birthright that was taken from me by fraud, do hereby
asseverate and 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" 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,
Correspondence with State of California:
Page 14 of 24
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 April 30, 1968.
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, per UCC 1-
207 (UCCA 1207).
John E. Trumane
c/o general delivery
San Rafael, California Republic
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
Correspondence with State of California:
Page 15 of 24
Registered U.S. Mail c/o general delivery
Return Receipt Requested San Rafael, California
Serial #R xxx xxx xxx Postal Zone 94901/tdc
February 24, 1982
March Fong Eu
Secretary of State
1230 "J" Street
Sacramento 95814/tdc
CALIFORNIA STATE
Dear Secretary Fong Eu:
Pursuant to my recent written correspondence with Pete Wilson,
Governor of the State of California, in which I documented the
fraud to which the State of California is an "accommodation
party" as defined in the Uniform Commercial Code, you are hereby
noticed that I now exercise my right, under American Law never
repealed, to revoke my signatures on any and all statements,
documents, returns, forms, schedules, licenses, applications,
articles, contracts, certificates and/or commercial agreements to
which I and the State of California may have been parties at any
time heretofore, per Uniform Commercial Code 3-305(2)(c). Your
receipt of this document shall be presumed to mean that you have
registered this document in your official files, so as to make it
available on demand to all State of California departments,
agencies and personnel who may have any need or desire to witness
the same. If you have any need to obtain copies of the above
referenced correspondence between me and Governor Wilson, I
recommend that you first contact the Governor's staff for
assistance. Alternatively, Governor Wilson has personally
informed me that my notice to him, with attachments, has now been
forwarded by him to the offices of Senator John Seymour, United
States Senate, Washington, District of Columbia.
Be informed hereby that my use of the phrase "WITH EXPLICIT
RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207"
below 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.
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)
Correspondence with State of California:
Page 16 of 24
Certified Mail # P xxx xxx xxx
Return Receipt Requested
c/o general delivery
San Rafael, California
March 9, 1982
March Fong Eu
Secretary of State
1230 "J" Street
Sacramento 95814/tdc
CALIFORNIA STATE
Dear Secretary Fong Eu:
Please be so kind as to forward the enclosed Affidavits 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, or any of your delegates, 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)
enclosures: NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE REVOCATION AFFIDAVIT
FOREIGN STATUS AFFIDAVIT
Correspondence with State of California:
Page 17 of 24
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 ninth day of March, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
March Fong Eu
Secretary of State
1230 "J" Street
Sacramento 95814/tdc
CALIFORNIA STATE
Dated March 9, 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.
Correspondence with State of California:
Page 18 of 24
Certified Mail Number: __________________________________________
Date: __________________________________________
John E. Trumane
c/o general delivery
San Rafael, California Republic
united States of America
FOREIGN STATUS AFFIDAVIT
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
PREAMBLE
The following Affidavit of Foreign Status is a public notice
to all interested parties concerning the Affiant's "birthrights"
and his "status" as an "AMERICAN INHABITANT", as that status
would apply with respect to the American States (the 50
independent States of the Union) and also with respect to the
"United States", as follows:
1. The Affiant, John E. Trumane, was born a Sovereign in
Massachusetts, which is one of the sovereign States of the Union
of several States joined together to comprise the confederation
known as the united States of America. He is, therefore, a
"nonresident alien" individual with respect to the "United
States", which entity obtains its exclusive legislative authority
and jurisdiction from Article 1, Section 8, Clause 17 and Article
4, Section 3, Clause 2 of the Constitution for the united States
of America. The Affiant's parents were Sovereigns also, born in
sovereign States of the Union. As the progeny of Sovereign
people, the Affiant was born "... one of the sovereign people
.... A constituent member of the sovereignty synonymous with the
people.", Scott v. Sanford, 19 How. 404. The Affiant is alien to
so-called 14th Amendment "United States" citizenship, and also
nonresident to so-called 14th Amendment State residency, and
therefore he is a "nonresident alien" with respect to both. As a
Sovereign whose Citizenship originated in Massachusetts by birth,
and who has remained intact in California since the year 1952,
the Affiant is also a foreigner (alien) with respect to the other
49 States of the Union and with respect to the "United States".
As a consequence of his birth, the Affiant is an "American
Inhabitant"; and further,
2. The Affiant, to the best of his informed knowledge, has
not entered into any valid agreements of "voluntary servitude";
and further,
Correspondence with State of California:
Page 19 of 24
3. The Affiant is a "NONRESIDENT ALIEN" with respect to
the "United States", as that term is defined and used within the
Internal Revenue Code (Title 26, United States Codes), and/or
Title 27 U.S.C., and with respect to the rules and regulations
promulgated thereunder as follows:
The Internal Revenue Code, Title 26, and/or Title 27, United
States Codes, and associated federal regulations, clearly and
thoroughly make provision for Americans born and living within
one of the 50 Sovereign States of America, to wit:
Section 1.871-4 Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence
shall govern in determining whether or not an alien
within the United States has acquired residence therein
for purposes of the income tax.
(b) Nonresidence presumed. An alien by reason of his
alienage, is presumed to be a nonresident alien.
[26 CFR 1.871-4]
and further,
4. The Affiant was not born or naturalized in the "United
States", consequently he is not a "citizen of the "United States"
nor a "United States citizen", as those terms are defined and
used within the Internal Revenue Code (26 U.S.C.) and/or 27
U.S.C. and the rules and regulations promulgated thereunder;
and, therefore, he is not subject to the limited, exclusive
territorial or political jurisdiction and authority of the
"United States" as defined.
The "United States" is definitive and specific when it
defines one of its citizens, as follows:
Section 1.1-1
(c) Who is a citizen. Every person born or naturalized in
the United States and subject to its jurisdiction is a
citizen.
[26 CFR 1.1-1(c)]
and further,
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,
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,
Correspondence with State of California:
Page 20 of 24
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,
Correspondence with State of California:
Page 21 of 24
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
the California Republic. Therefore, I am not "within the United
States" but lawfully I am "without the United States" (per Title
28, U.S.C., Section 1746, Subsection 1), and therefore I have no
standing capacity to sign any tax form which displays the perjury
clause pursuant to Title 28, Section 1746, Subsection 2; and
further
Correspondence with State of California:
Page 22 of 24
PLEASE NOTE WELL: At no time will the Affiant construe any
of the foregoing terms defined within the Internal Revenue Code,
Title 26 and/or Title 27, United States Codes, or within any of
the other United States Codes, in a metaphorical sense. When
terms are not words of art and are explicitly defined within the
Code and/or within a Statute, the Affiant relies at all times
upon the clear language of the terms as they are defined therein,
NO MORE and NO LESS:
"... When aid to construction of the meaning of words, as
used in the statute, is available, there certainly can be no
'rule of law' which forbids its use, however clear the words
may appear on 'superficial examination' ...."
[United States v. American Trucking Association]
[310 U.S. 534, 543,544 (1939)]
This unsworn certification is being executed WITHOUT the
"United States", pursuant to Section 1746(1) of Title 28, United
States Codes, Federal Rules of Civil Procedure:
I affirm under penalty of perjury under the laws of the
United States of America that I executed the foregoing for the
purposes and considerations herein expressed, in the capacity
stated, and that the statements contained herein are true and
correct, to the best of my knowledge.
Executed Anno Domini, on this the ___________ day in the month of
___________________________, 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 Republic
Correspondence with State of California:
Page 23 of 24
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
Correspondence with State of California:
Page 24 of 24
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