Time: Wed Sep 03 00:12:31 1997 by usr05.primenet.com (8.8.5/8.8.5) with SMTP id VAA12117; Wed, 3 Sep 1997 21:50:07 -0700 (MST) Date: Wed, 03 Sep 1997 21:50:06 -0700 To: liberty-and-justice@pobox.com From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: The law says WHAT? (fwd) References: <1.5.4.16.19970904015756.40bf8166@pop.chv.mindspring.com> The withholding agent is liable for any taxes withheld, but they are liable to the United States, not to the worker. If a company is acting as a withholding agent withOUT authorization, they become liable for fraud and conversion, to the worker. To hold them harmless, as against the latter liability, would constitute a waiver of your right to sue them for this tort. I would recommend against it, frankly. Absent a valid W-4, the only other authorization which sanctions withholding, is a court order, which comes at the end of due process of law, pursuant to the Fifth Amendment. See IRC 3402(p), and the regulations promulgated pursuant to this whole section. /s/ Paul Mitchell http://www.supremelaw.com At 09:29 PM 9/3/97 -0500, you wrote: >Brad Barnhill wrote: > >> I have just sent a complete analysis to my (non-statutory) employer >> picking >> apart Subtitle C and showing that he is not an "employer" as defined >> in the >> code, and my compensation is not "employment" as defined in the code. >> I just >> got his return letter (and will post it this weekend) and he thinks >> that the >> definition for "United States" at 3121(e)(2) should be read to "also >> include" the federal states that it lists. I phoned him and asked him >> to >> compare this to the definition of "United States" in >> 7701(a)(whatever). He >> will get back to me. I am wearing him down, and soon he will have >> nowhere to >> hide. >> >> This series of letters can be found at: >> http://www.mindspring.com/~bradbva/freedom/fontaine.htm >> >> B > >Brad, > >I did all of the same things that you are doing and the legal counsel >for the company I work for has stated, "Yeah, sure, we'll stop >withholding if you sign a hold harmless agreement and post a bond >so our client isn't liable". I asked them where I was liable or where >their client was liable. "Liable for what", I asked in my letter (much >more >substantive than this but this is the general idea). To which the only >reply has been, "Mr. Martin the 'Circular E' publication states that the > >'employer' has to withhold taxes". I find it interesting that this law >firm >would base their client's entire position on a lawfully unenforceable >document. Do you have any ideas on this offer to sign a hold harmless >agreement and post a bond? I see potential problems with this route. > >-- >Regards, >Brooks Martin > >--------------------------------------------------- >"Money only appeals to selfishness and irresistibly >invites abuse. Can anyone imagine Moses, Jesus, or >Gandhi armed with the money-bags of Carnegie?" > -Albert Einstein 1934- >--------------------------------------------------- > > >=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= >Unsub info - send e-mail to majordomo@majordomo.pobox.com, with >"unsubscribe liberty-and-justice" in the body (not the subject) >Liberty-and-Justice list-owner is Mike Goldman <whig@pobox.com> > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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