Appendix F: Affidavit of Rescission
Certified Mail Number: __________________________________________
Date: __________________________________________
John Q. Doe
c/o USPS Post Office Box [##]
Marin County
San Rafael, California Republic
united States of America
zip code exempt (DMM 122.32)
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE RESCISSION AFFIDAVIT
OF JOHN Q. DOE
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
PREAMBLE
I, State Citizen John Q. Doe, being a free Sovereign adult,
natural born in Massachusetts, living and working as a State
Citizen domiciled in the California Republic since 1952 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 Q. Doe, am of lawful age and competent. I am a
Sovereign natural born free State Citizen domiciled in the
California Republic (see 2:1:5 in the U.S. Constitution), and
thereby in the united States of America, in fact, by right of
heritage, a Sovereign State Citizen inhabiting and domiciled in
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,
I, John Q. Doe, a Sovereign natural born free State Citizen,
in Propria Persona, proceeding Sui Juris, At Law, with
Assistance, Special, receiving mail c/o USPS Post Office Box
[##], San Rafael, California Republic, zip code exempt (DMM
122.32), 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 123-45-6789 is
rescinded in application, in body and in signature, for I affirm
that this agreement was imposed upon me by usage of threat,
coercion, withholding of material facts, and uninformed consent,
and that I was not at age of majority; therefore, this
aforementioned government action constitutes constructive fraud
and placed me under duress of mind and therefore deprived me of
giving any meaningful consent to the original "Social Security"
application and agreement. This agreement is null and void, ab
initio (from its inception), 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 State 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 now and
fully intend to remain 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 UNALIENABLE 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 Q. Doe, do state and affirm the following:
1. That material facts were withheld, such as Title 28,
U.S.C., Section 1746, Subsections 1 & 2 (being without or within
the "United States", respectively), which caused me to be unaware
that a completed, signed and submitted "Form 1040" or "income tax
return" and other Internal Revenue Service and State Franchise
Tax Board 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 State Franchise
Tax Board (hereinafter referred to as the FTB) and to the
authority of the Internal Revenue Service (hereinafter referred
to as the IRS) by signing and thereby affirming, under penalty of
perjury (within the "United States"), that I was, in effect, a
"person" subject to the tax; that the above induced and/or
forced action, via State and Federal governments, clearly
indicates a violation of Article 1, Section 9, Clause 3 (1:9:3),
to wit: "No Bill of Attainder or ex post facto Law shall be
passed" and also Article 1, Section 9, Clause 4 (1:9:4), to wit:
"No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration hereinbefore directed to
be taken" in the United States Constitution. These above same
injunctions are found in the Northwest Ordinance and in the
California Constitution. And further,
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 vs 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
Sovereign natural born free State Citizen 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 Sovereign natural born free State
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 the IRC, to 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
(i.e., 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,
4. That I, as a Sovereign natural born free State Citizen
and inhabitant in the united States of America, domiciled in the
California Republic, and as a Free Man, 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 Q. Doe, be forced to waive
any of these rights granted to me by God the Father, my Creator
(see Brady vs U.S., 397 U.S. 742 at 748 (1970)), because I am
endowed with these rights by my Creator and by nobody else and
nothing else. And further,
5. That I understand that, if the exercise of my rights
were subjected to taxation, these same rights could be destroyed
by increasing the tax rates to unaffordable levels; therefore,
courts have repeatedly ruled that government has no power
whatsoever to tax or otherwise "lien" against the exercise of any
rights, particularly the rights of Sovereign State Citizens, as
shown by the United States Supreme Court in the case of Murdock
vs Pennsylvania, 319 U.S. 105 (1943), which stated: "A state may
not impose a charge for the enjoyment of a right granted by the
Federal Constitution."; that unalienable rights are rights
against which no lien can be established precisely because they
are un-a-lien-able; that America's founding documents enumerate
some of my unalienable rights, none of which rights I have ever
waived knowingly, voluntarily and intentionally; that I freely
choose to obey all American Law and to pay all Lawful taxes in
jurisdictions which are applicable to me for the common good;
that I stand in Propria Persona with Assistance, Special; that
my status and unalienable rights, as stated hereinafter and in
the foregoing, are not negotiable. And further,
6. That, for years past and at least since the year 1964,
I have been influenced by numerous cases of people going to jail
and being punished, and also by numerous and repeated public
warnings made by the FTB and by the IRS, via radio, television,
the printed press and other forms of public communication media,
warning of the "deadline" for filing State and Federal forms,
such as a "Form 1040 Income Tax Return" and/or other IRS forms
and documents; this therefore caused me to file said forms under
threat, duress and coercion. And further,
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 28 U.S.C. 1746, wherein there are two perjury clauses:
(1) one stating that you are without the "United States" and also
(2) the other stating that you are within the "United States",
respectively. The perjury clauses on both State and Federal tax
forms stipulate, under penalty of perjury, that I was stating
unknowingly, involuntarily and unintentionally that I was within
the "United States". This is an act of fraud by both State and
Federal taxing agencies. And further,
8. That I have also been further influenced, misled and
alarmed by rumors, by misinformed public opinion and by the
advice and assurances of lawyers, C.P.A.'s and income tax
preparers to the effect that "the IRS and the FTB will get you",
and that it would be a crime punishable by fines 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' possibly 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 FTB of large quantities of
the Forms 1040 and 540 in banks, in post offices and through the
U.S. mail, which public displays and indiscriminate public
offerings also had the effect of reminding me of, and inducing me
to respond mistakenly by filling out, signing and sending "Form
1040" to the IRS and "Form 540" to the FTB. And further,
11. That said "Forms 1040" contained no reference to any
law or laws which would explain just exactly who is and who is
not subject to, or liable for, the income tax, State or Federal,
nor did it contain any notice or warning to anyone that merely
sending said completed "Form 1040" to the IRS would waive my
right to privacy, as secured by the 4th Amendment in the U.S.
Constitution, and also waive my right to not be a witness against
myself, as secured by the 5th Amendment in 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 Sovereign natural born free
State Citizen, am actually and legally not subject to the
statutory jurisdiction of the IRC, 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 ever evidence 28 U.S.C. 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 so-called 16th Amendment in the U.S. Constitution,
as correctly interpreted by the U.S. Supreme Court in such cases
as Brushaber vs Union Pacific Railroad Co., 240 U.S. 1 (1916) and
Stanton vs 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 (1:8:1) of the United States Constitution;
that the so-called 16th Amendment to the U.S. Constitution, as
correctly interpreted by the U.S. Supreme Court, does not
authorize a tax on all individuals but is applicable to
nonresident aliens (e.g., Frank R. Brushaber) who involve
themselves in activities, events or occupations which come under,
or are within, the taxing authority of the "United States", as
explained in Treasury Decision 2313, dated March 21, 1916; that
the so-called 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 at that time; and
that a mass of incontrovertible material evidence available since
the year 1985 proves that the act of "declaring" the so-called
16th Amendment "ratified" was an act of outright fraud by
Philander C. Knox in the year 1913. And further,
13. That at no time was I ever notified or informed by the
FTB nor by the IRS, their agents or employees, nor by any lawyer,
C.P.A. or tax preparer, of the fact that, because of various
rulings of the U.S. Supreme Court in such cases as Flint vs Stone
Tracy Co., 220 U.S. 107 (1911), and Pollock vs Farmer's Loan and
Trust Co., 157 U.S. 492 (1895), the indirect excise tax on
incomes identified by the so-called 16th Amendment is also a tax
upon corporate privileges granted by government, which tax is
measured by the amount of corporate income (see Corporations Tax
Act, Statutes at Large, 1909, vol. XXXVI, section 38, page 112);
that this indirect excise tax is also imposed on the taxable
income of foreign corporations, and on the taxable income of
nonresident aliens to the extent this (latter) income is either
effectively connected with the conduct of a trade or business
within the corporate jurisdiction of the "United States", or
derived from sources within the corporate jurisdiction of the
"United States" although not effectively connected with the
conduct of trade or business within the corporate jurisdiction of
the "United States", according to Sections 871 and 872 of the
IRC. And further,
14. That my attention has been called to Report No. 80-19A,
entitled "Some Constitutional Questions Regarding the Federal
Income Tax Laws" published by the American Law Division of the
Congressional Research Service of the Library of Congress,
updated January 17, 1980; that this publication describes the
tax on "income" identified in the so-called 16th Amendment to the
U.S. Constitution as an indirect excise tax; that this report
stated: "The Supreme Court, in a decision written by Chief
Justice White, first noted that the 16th Amendment did not
authorize any new type of tax, nor did it repeal or revoke the
tax clauses of Article I of the United States Constitution,
quoted above."; and this report 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 Sovereign natural
born free State Citizen, but is, rather, an indirect excise tax
as described by the U.S. Supreme Court in the case of Flint vs
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
notice 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, 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
Sovereign natural born free State 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 IRC 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 the IRC, 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
nation 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 "Form W-4" in force and no "Form 2678" in
force Granting Power of Attorney. And further,
20. That, after the study and consultations described in
paragraph 17 above, my attention was called to Section 61(a) of
the IRC, which lists items that are sources of "income", and to
the following facts: that IRS Collections Summons Form 6638 (12-
82) confirms that these items are sources, not "income", by
stating that the following items are "sources": "wages,
salaries, tips, fees, commissions, interest, rents, royalties,
alimony, state or local tax refunds, pensions, business income,
gains from dealings in property, and any other compensations for
services (including receipt of property other than money).";
that sources are not "income", but sources become "income" if
they are entered as "income" on a signed "Form 1040", because the
signer affirms, under penalty of perjury (within the "United
States"), that the items entered in the "income" section of the
"Form 1040" are "income" to the signer; that Section 61(b)
clearly indicates which sections of the IRC identify and list
items that are included in "income" by stating: "For items
specifically included in gross income, see Part II (sec. 71 and
following)". And further,
21. That my attention was then called to the said Part II
entitled: "Items Specifically Included in Gross Income"; that I
studied sections 71 thru 87 and noticed that wages, salaries,
commissions, tips, interest, dividends, pensions, rents,
royalties, etc., are not listed as being included in "income" in
those Sections of the IRC; and that, in fact, those items are
not mentioned anywhere in any of these sections of the IRC. And
further,
22. That, after further diligent study, it appears entirely
clear to me that the only way that property received by me as a
Sovereign natural born free State Citizen, 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 vs United States, 397 U.S. 742 at 748
(1970)); and that, when I have sent in State and Federal tax
forms purposely not signed, they were returned to me with a
letter instructing and stipulating that I must sign the forms
under the penalty of perjury, thereby claiming that I was a
"United States citizen" due to the wording of the perjury clause
(see 28 U.S.C. 1746(2)). And further,
23. That, with good faith, with an honest reliance upon the
aforementioned U.S. Supreme Court rulings and with reliance upon
my constitutionally protected Natural Common Law Bill of Rights,
Amendments 1 thru 10 (1791), to lawfully contract, to lawfully
work and to lawfully acquire and possess property, I am convinced
and satisfied that I am not now, nor was I ever subject to,
liable for, or required to pay an income/excise tax; that I am
not now, nor have I ever been a "taxpayer", and there has never
been a Judicial Power proceeding in which it was ruled that I was
a "taxpayer" as that term is defined and used in the IRC; and
that I have never had any legal duties or obligations whatsoever
to file any "Form 1040" or to make any "income tax return", or to
sign or submit any other IRS "individual" forms or documents or
schedules, to pay any "individual" income tax, to keep any
personal financial records, or to supply any personal information
to the IRS. And further,
24. That the U.S. Congress, the International Monetary
Fund, the Federal Reserve Banks and the Internal Revenue Service,
by means of vague, deceptive and misleading words and statements
in the IRC, in the Code of Federal Regulations (CFR), in official
statements by IRS Commissioners in the Federal Register, in IRS
publications and in IRS-generated news articles, committed
constructive fraud and misrepresentation by misleading and
deceiving me, as well as the general public, into believing that
I was required to file "Form 1040 Income Tax Returns" and other
IRS forms, documents and schedules and that I was also required
to keep records, to supply information and to pay income taxes.
And further,
25. That, by reason of the aforementioned facts, I do
hereby exercise my rights as a Sovereign natural born free State
Citizen, upheld by various court decisions, to rescind, to cancel
and to render null and void, Nunc Pro Tunc, both currently and
retroactively to the time of signing, based upon the constructive
fraud and misrepresentation perpetrated upon me by the Federal
government, the U.S. Congress, the IRS, the "State of
California", and the 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 123-45-6789, and 98-7654321 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 123-45-6789 to be established; that
this notice of rescission is based upon my rights with respect to
constructive fraud and misrepresentation as established in, but
not limited to, the cases of Tyler vs Secretary of State, 184
F.2d 101 (1962) and also El Paso Natural Gas Co. vs Kysar
Insurance Co., 605 Pacific 2d 240 (1979), which stated:
"Constructive fraud as well as actual fraud may be the basis of
cancellation of an instrument." And further,
26. That I do hereby declare that I am not and never was a
"taxpayer" as that term is defined in the IRC, a "person liable"
for any internal revenue tax, or a "person" subject to the
provisions of the IRC, and I do hereby declare that I am, and
have always been, a "nontaxpayer"; that courts have recognized
and acknowledged that individuals can be nontaxpayers, "... for
with them Congress does not assume to deal and they are neither
the subject nor the object of revenue laws ....", as stated in
the cases of Long vs Rasmussen, 281 F. 236 (1922), De Lima vs
Bidwell, 182 U.S. 176, 179, and Gerth vs 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 State 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 Sovereign State
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 vs. U.S., 397 U.S. 742 at 748 (1970); and
that I myself have given no such "waivers". And further,
29. That these same diligent studies have also proved to me
that misrepresentation and a shrewd and criminal constructive
fraud have been perpetrated upon Sovereign State 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 many years, I
have unwittingly signed many related documents, contracts and
commercial agreements, some even under the "perjury" jurat
(within the "United States") as was supposedly required; with
American Law on my side, I hereby rescind and cancel any and all
such signatures and render them null and void, nunc pro tunc,
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 vs. 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, United States Criminal Code,
Sections 241, 242, 1001 and/or otherwise; and, in fairness, it
must be added that, to my knowledge, IRS agents have NO written
lawful "Delegation of Authority" within the 50 States of the
Union and their so-called "Form 1040" appears to be a bogus and
bootleg document on its face. And further,
32. That, with all of the above in mind, it appears that
this Sovereign natural born free State 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") or its equivalent 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. And further,
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 the IRC; that, to the best of my knowledge, I
have never had any "U.S. trade or business" as defined in the
IRC, in 26 C.F.R. or in 27 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 IRC Section
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 the IRC 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(c) and as
defined in the so-called 14th Amendment to the U.S. Constitution.
And further,
35. That the federal government has committed fraud, duress
and coercion, exercised undue influence, and evidenced unlawful
menace against the American people by representing the so-called
14th Amendment as a lawfully ratified amendment 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 vs Phillips, 540 P.2d 936
(1975); Dyett vs Turner, 439 P.2d 266 (1968); 28 Tulane Law
Review 22; 11 South Carolina Law Quarterly 484.) And further,
36. That I am not now, nor have I ever knowingly,
intentionally and voluntarily, with informed consent, entered
into any personal, internal, public or private agreement,
contract, stipulation, account or similar contrivance with the
"United States", the "Federal Government" or the "District of
Columbia", its territories, its agencies or other property
appurtenant thereto, which would have altered or waived my de
jure, Sui Juris status, or my unalienable God-given natural
rights; that any such agreements or contracts, expressed or
implied, such as a Social Security number and application, or
Driver's License, or Bank Signature Card, or the use of Federal
Reserve Notes (which are not lawful Specie) etc., have all been
hereby rescinded ab initio, 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 Sovereign natural born free State
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 vs Lavine, 415 U.S.
528, 533 (see also Brady vs United States, 397 U.S. 742 at 748
(1970)); that any change of status would lawfully have to take
place in a Common Law (judicial power) court under the due
process clause of the 5th Amendment to the U.S. Constitution.
And further,
37. That this is to certify that I, John Q. Doe, am a
Sovereign natural born free State Citizen and inhabitant in the
united States of America, domiciled in the California Republic,
living and working in Marin County, living under the Common Law,
having assumed, among the powers of the Earth, the Separate and
Equal Station to which the Laws of Nature and Nature's God
entitles me, in order to secure the Blessings of Liberty to
Myself and my Posterity, and in order to re-acquire the
Birthright that was taken from me by fraud, do hereby asseverate
nunc pro tunc and rescind, ab initio, all feudatory contracts
with the Federal government and its agencies, and with the
corporate State of California and its agencies; for I, John Q.
Doe, 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, fundamental, Constitutionally secured rights.
And further,
38. That my use of the phrase "WITH EXPLICIT RESERVATION OF
ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)" above
my signature on this document indicates: (1) that I explicitly
reject any and all benefits of the Uniform Commercial Code,
absent a valid commercial agreement which is in force and to
which I am a party, and cite its provisions herein only to serve
notice upon ALL agencies of government, whether international,
national, state or local, that they, and not I, are subject to,
and bound by, all of its provisions, whether cited herein or not;
(2) that my explicit reservation of rights has served notice upon
ALL agencies of government of the "Remedy" they must provide for
me under Article 1, Section 207 of the Uniform Commercial Code,
whereby I have explicitly reserved my Common Law right not to be
compelled to perform under any contract or commercial agreement,
that I have not entered into knowingly, voluntarily, and
intentionally; (3) that my explicit reservation of rights has
served notice upon ALL agencies of government that they are ALL
limited to proceeding against me only in harmony with the Common
Law and that I do not, and will not accept the liability
associated with the "compelled" benefit of any unrevealed
commercial agreements; and (4) 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,
39. That I reserve my unalienable right to amend this
Affidavit at times and places of my own choosing, according as
new facts and revelations are made available to me at various
future times and places as yet unknown, 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. And further,
40. 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 current
information, knowledge and belief, per 28 U.S.C. 1746(1); and
Further This Affiant saith not.
Subscribed and affirmed to Nunc Pro Tunc on the date of my
majority, which day was June 21, 1969.
Subscribed, sealed and affirmed to this ________________ day of
___________________________, 1993.
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) (see paragraph 38 above):
_________________________________________________________________
John Q. Doe, State Citizen and Principal, by special Appearance,
in Propria Persona, proceeding Sui Juris, with Assistance,
Special, with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
John Q. Doe
c/o USPS Post Office Box [##]
San Rafael, California Republic
zip code exempt (DMM 122.32)
California All-Purpose Acknowledgement
CALIFORNIA STATE/REPUBLIC )
)
COUNTY OF MARIN )
On the ________ day of ____________, 199_ Anno Domini,
before me personally appeared John Q. Doe, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
Person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in His authorized
capacity, and that by His signature on this instrument the
Person, or the entity upon behalf of which the Person acted,
executed the instrument. Purpose of Notary Public is for
identification only, and not for entrance into any foreign
jurisdiction.
WITNESS my hand and official seal.
_____________________________________
Notary Public
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