Time: Tue Mar 25 13:43:09 1997
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Wed, 26 Mar 1997 06:50:47 -0700 (MST)
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Date: Tue, 25 Mar 1997 13:38:14 -0800
To: am-her@juno.com (Rusty Lee)
From: Paul Andrew Mitchell [address in tool bar]
Subject: Devvy Kidd Warning on Form 2555
Hello Rusty,
Our position on the federal courts is
rather simple, and rather bold. All
federal judges who are currently paying
federal income taxes on their pay are
in violation of Article III, Section 1,
and the holding of the U.S. Supreme Court
in Evans v. Gore. As such, they cannot
exercise Article III judicial power,
and their decisions in any other mode
cannot be imposed upon Citizens of the
several States of the Union who are not
also citizens of the United States.
Therefore, I would challenge Lonsdale,
like all others, for being issued from
the United States District Court ("USDC")
which is an Article IV forum, not an
Article III forum. For some discussion
of this judicial immunity from taxation
of judges' pay, see the essay entitled
"The Lawless Rehnquist" in the Supreme Law
Library at our URL. See also the essay
entitled "Karma and the Federal Courts."
/s/ Paul Mitchell
http://www.supremelaw.com
At 12:19 AM 3/26/97 PST, you wrote:
>Devvy,
>
>Thanks for the comment and warning. I'm slightly confused, however.
>The issue involved here in NOT that they DIDN'T publish something -
>it's that they DID. The Cross-Reference Table of OMB No. Approvals
>shows that the only approved OMB number for 26 CFR 1.1-1 crosses
>to 1545-0067, the 2555 Form, which allows for a claim under 26 U.S.C.
>and its Regulations at 26 CFR 1.911-1 through 911-8 for an Exclusion of
>Foreign Earned Income (up to $70,000 [actually $95,000 as amended] )
>PROVIDED that certain prerequisit tests are met.
>Of course, 26 CFR 1.1-1 is entitled, "Income tax on individuals".
>This is their law, not ours, and according to the various definitions
>of United States, State, Person, Employer, Employee, etc., etc.,
>the non-governmental worker not engaged in any revenue-taxable
>activity and who does not receive any "income" from or effectively
>connected with the "United States", its Possessions, Territories, or
>[D.C.] "States", meets those qualifications to file for the exemption.
>To file otherwise would be a fraud against yourself, signed under
>the penalties of perjury.
>Is Florida or Colorado or California America not foreign to the "United
>States" as defined in the code?
>Of course, there's a lot more to this than time allows.
>
>I've done an extensive amount of research on the 2555 issue,
>and from what I can see, it's a valid position/option under the code.
>
>If the intent of your message was to say, no matter what we do,
>the IRS and the courts won't let us win, then what else is new?
>The question is, what are the altenative options for the masses
>who have no taxable "income" under the provisons of the code?
>
>If you still disagree that the IRS' own rules do NOT provide for this
>exclusion for most Americans, please explain as your
>schedule will allow. Everyone is tired of doing things wrong,
>including me.
>
>IF one IS going to file, then what and how in your opinion
>should it be done?
>
>Your input would be MUCHLY appreciated.
>
>It's good to know you're out there, Devvy, and while
>you may not know me, I'm proud to say that I (and many
>others) know you, or know of your work. Keep up the good
>fight !
>
>Rusty [ Am-Her@juno.com ] (stands for American Heritage).
>
>
>--------- Begin forwarded message ----------
>From: Devvy.Kidd@ix.netcom.com
>To: am-her@juno.com (Rusty Lee)
>
>Subject: Re: Comment to: Lynn Merideth's Info on: Form 2555
>Date: March 25, 1997
>Message-ID: <199703252241.QAA24217@dfw-ix9.ix.netcom.com>
>
>Before everyone runs out and quits filing using the following message
>below mine as a defense when the IRS comes after you, please be aware
>of the following:
>
>Lonsdale v. United States, 10th Circuit Court of Appeals, 1990, 919 F2d
>1440, 1142 ruled on 15 different patriot arguments, one being that
>arguments regarding the alleged failure to publish the central
>organization of the IRS and IRS forms such as the 1040. And, The IRS
>has no authority to issue summonses or impose levies or liens because
>Treasury Department Delegation Orders were never published and becuse
>relevant IRS forms do not contain an Office of Management and Budget
>Control Number as required by the Paperwork Reduction Act.
>
>In United States v. Collins, 920 F2d 619 (10th Circuit 1990), the court
>ruled: Since IRS forms did not contain expiration dates along with the
>OMB number, they did not comply with the Paperwork Reduction Act.
>
>The Lonsdale case pretty much took care of most valid arguments and I
>bring this to everyone's attention just in case in gets overlooked.
>
>You wrote:
>>
>>From Lynn Merideth's new book, "How to Cook a Vulture":
>
>>The following is taken directly from the 1040 book "Privacy Act and
>>Paperwork Reduction Act at page 7 paragraph 4.
>>
>> You are not required to provide the information requested on a form
>>that is subject to the Paperwork Reduction Act unless the form displays a
>>valid OMB control number, ....
>>
>> Now Learn the Proper way to file!!
>>
>> FORM 1040 has the OMB number of 1545-0074 which relates to:
>>
>> 1.23-5 Certification Procedures.
>> (a) Certification that an item meets the definition of an
>energy-conserving component or
>> renewable energy source property. Upon request of a manufacture of
>an
>>item....the
>> Assistant Commissioner
>shall
>>certify ...
>> that: the item meets the definition
>of insulation (see ........
>>
>> What 1.23-5 relates to is the Renewable Energy Resource Credit. The
>table shows that If you wish to claim
>this credit on your tax return,
>> YOU MUST USE FORM 1040 TO CLAIM THE
>CREDIT.
>>
>>And there are a whole lot of other legal reasons why Form 1040 might
>be
>>required,
>> TO CLAIM CERTAIN DEDUCTIONS, CREDITS OR REFUNDS,
>> BUT NOT TO SATISFY
>LIABILITY
>>!
>>
>>If you want to claim a refund, you MUST file a Form 1040 because it is
>>the legal
>>mechanism through which a refund is claimed !! (This is why they
>deceptively withhold from you when you are young and start working at
>your first job.
>>You're young and naive, so they withhold more than is necessary; you
>get to used to filing, TO GET A REFUND, NOT to pay the tax. Then when
>you get
>>older, you've been filing Form 1040 all your life, so you continue
>doing
>>what you did all along, IGNORANTLY. Because you're no longer filing to
>>get a refund, NOW YOU"RE FILING TO PAY A TAX YOU'RE NOT LIABLE BY LAW
>TO
>>PAY !
>>
>>
>> PERFECT TAX AVOIDANCE FOR CITIZENS
>>
>> IF ALL YOU WANT TO DO IS SATISFY YOUR
>LIABILITY,
>> YOU DO NOT USE
>> FORM 1040.
>>
>>The Proper Legal Use of Form 1040 :
>>
>> Paragraph 3 of Treasury Decision 2313 clearly states:
>>
>> "The responsible heads, AGENTS OR REPRESENTATIVES OF NONRESIDENT
>> ALIENS, who are in charge of the property owned or business carried
>on
>>within the
>> United States, SHALL MAKE A FULL AND COMPLETE RETURN OF THE
>> INCOME THEREFROM ON FORM 1040, revised, and shall pay any and all
>tax,
>> normal and additional, ASSESSED UPON THE INCOME RECEIVED BY THEM IN
>> BEHALF of their NONRESIDENT ALIEN PRINCIPALS." (EMPHASIS ADDED)
>>
>> OK ! The proper legal use of Form 1040 is to report the income
>of YOUR
>> NONRESIDENT ALIEN PRINCIPALS, who are subject to the income tax on
>all
>> earnings in America because they don't have a RIGHT TO WORK. They are
>only able
>> to make money in America through the PRIVILEGE, granted by the
>government, of
>> having access to our marketplace as foreigners !
>>
>> Form 1040 is NOT to be used by a CITIZEN to report his or her OWN
>>income !
>> JUST THE FOREIGNERS' !
>
>>
>> CITIZENS USE FORM 2555 to satisfy liability, at least that's what the
>>law says !
>>
>> That's because, as far as individuals are
>>concerned,
>>
>> THE INCOME TAX IS STILL JUST A FOREIGN TAX !
>>
>>You may also have noticed that 6012-1 also requires Form 1040, BUT IN
>> ASSOCIATION WITH WHAT TAXING STATUTE ?
>>
>>In other words, 26 USC 6012 is an enforcement statute, NOT an imposing
>>statute. It enforces the filing requirement for individuals
>established
>>by ALL of the different code sections relating to individuals, BUT it
>>does not expand the specific requirements of any given statute. The
>limitations of those specific requirements are shown in the table from
>26 CFR
>>602.101. While 6012 can be used to enforce the filing requirements of
>>both Section 1 and 1.23-5, it cannot be used to CRISS-CROSS the
>>requirements between sections, which is, of course, exactly what the
>IRS
>>does.
>>
>>I know old habits are hard to break, and that all of this information
>>doesn't agree with
>>what you have been told to believe all of your life, and in fact,
>doesn't
>>seem possible, but keep reading because the truth is far stranger than
>fiction and;
>>
>> IGNORANCE CAN BE ELIMINATED WITH KNOWLEDGE,
>>
>> ITS STUPIDITY THAT REMAINS FOREVER !
>
>>
>> The OMB Document Control number assigned to Form 1040 is 1545-0074.
>(You
>>can find the OMB Document Control number in the upper right hand
>corner
>>of any Form 1040.)
>>
>>According to the law, and the IRS's own filings with the Office of
>>Management and
>>Budget (OMB), Form 1040 is NOT required from citizens to report their
>own
>>income !!!
>>
>> 26 CFR 602.101 - The Form
>Required
>>
>>
>> The Paperwork Reduction Act was passed in 1980. This act prohibits
>the
>>government and its agencies from attempting to collect more
>information
>>than is actually required by the letter of the law.
>>
>> Under this Act, Section 602.101 was created in the Code of Federal
>>Regulations for Title 26 in 1985, when the IRS finally complied with
>its
>>mandate to list ALL of the information collection requests (forms)
>required by any given code section, necessary to satisfy the legal
>requirements
>>of that code section. This table is the complete legal authority for
>the IRS to request and demand information from individuals in the
>United
>>States of America. This table was prepared and provided by the IRS
>>itself.
>>
>> PART 602 - OMB CONTROL
>NUMBERS
>> UNDER THE PAPERWORK REDUCTION ACT
>>
>> Section 602.101. OMB Control numbers.
>>
>> (a) Purpose.. This part collects and displays the control numbers
>>assigned to collections of information in Internal Revenue Service
>>regulations by the Office of Management and Budget (OMB) under the
>>Paperwork Reduction Act of 1980. The Internal Revenue Service intends
>>that this part comply with the requirements of .... (OMB regulations
>>implementing the Paperwork Reduction Act), for the display of control
>numbers assigned by OMB to collections of information in Internal
>Revenue
>>Service regulations....
>>
>> 26 CFR (4-1-94 Edition)
>>
>> CFR part or section where Current identified and described OMB
>>Control No.
>> ______________________________________________________
>>
>> 1.1-1 ..................1545-0067 ........
>>
>> 1.23-5.................1545-0074 ........
>>
>> 1.6012-0.............1545-0067........
>>
>> 1.6012-1........... 1545-0074 ........
>>
>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>>
>> This table clearly shows that the only Form required by Chapter 1,
>Sec. 1. Tax Imposed (the code section that imposes the income tax)
>carries
>>the OMB Document Control number 1545-0067.
>>
>> The OMB Document Control number assigned to Form 1040 is 1545-0074.
>>(You can find the OMB Document Control number in the upper right hand
>>corner of any Form 1040.)
>>
>> According to the law, and the IRS's own filings with the Office of
>>Management and Budget (OMB), Form 1040 is NOT required from
>>citizens to report their own income !!!
>>
>> What form is required?
>
>>
>>
>>FORM 2555 - FOREIGN EARNED INCOME, carries the OMB Document
>> Control number 1545-0067. Does that help ?
>>
>> FORM 2555 IS THE ONLY FORM REQUIRED BY LAW, ACCORDING TO THE
>> LAW, TO SATISFY THE INDIVIDUAL'S LIABILITY ESTABLISHED AND
>> IMPOSED IN Sec. 1. Tax Imposed; THE CODE SECTION THAT IMPOSES THE
>> INCOME TAX !
>>
>> FORM 2555 STATES RIGHT AT THE TOP, IN BOLD LETTERS
>>
>> For Use by U.S. Citizens and Resident Aliens Only
>>
>> Ever seen one ? FORM 2555
>>
>
>--------- End forwarded message ----------
>
>
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
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