Posted by Nona Egbert on June 27, 1998 at 17:37:36:
In Reply to: People in the Several States are Nonresident alien individual! posted by Steven Pattison on June 25, 1997 at 15:36:31:
: To my friends and family,
: I have reviewed the Internal Revenue Code (IRC) volume 1 and 2, and you will notice that each of the following Sections defines “United States” differently. My initial question was why does the IRC define “United States” differently, period. The following can be documented by reviewing the IRC, which you can find in any city library.
: Turn to Employment taxes, Chapters 21 through 25 of Subtitle C of the Code. You will see Sec. 3121 Definitions listed under Chapter 21 -- Federal insurance contribution act. Sec. 3121(b) Employment; takes over eleven pages and has some key words in it, ‘within the United States’ and ‘outside United States’. Now turn to 3121(e), it reads as follows -- ‘state, United States, and Citizen -- For purposes of this chapter -- (1) State. -- The term “state” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (2) United States -- The term “United States” when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa..’ Note: they did not define “Citizen”. I guess they could not figure out a way to deceive you and make it sound legal. Just to remind you, the rule of statutory construction is every time you see any derivative of the word ‘include’ you should think ‘include only’ or ‘includes only’ or ‘including only’.
: Turn to Sec. 4612(a) For purposes of this subchapter meaning A -- Tax on Petroleum. ‘#(4). United States -- (A) In General. -- The term “United States” means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.’ You should note that this Sec. does not use the word include. If the code is for us why are their different definitions for the “United States”? There is more!
: Turn to Subtitle F -- Procedure and Administration and then to Sec. 6103(b)(5)(A). ‘State. -- The term “State” means -- (A) any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and....’ You should also note that the word include is not used in this Section, either.
: At first I was so confused that I decided to go to the Black’s Law Dictionary. I was taught in school that the first listed definition is the most widely used and I was even more confused when I read the first definition, ‘This term has several meanings.’
: Congress on Oct. 3, 1913, on pg. 177 of the record states ‘H. That the word “State” or “United States” when used in this section shall be construed to include any Territory, Alaska, the District of Columbia, Puerto Rico, and the Philippine Islands, when such
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: construction is necessary to carry out its provisions’. I have read the two volumes several times and I believe that I am not a United States citizen. Therefore, for the IRC, I am a Nonresident alien individual as defined in Sec. 871 in Subpart A of Subchapter N of Chapter 1 of Subtitle A of Title 26. I do not live in or have income that is connected with the conduct of a trade or business within the United States as defined in Employment Taxes sec. 3121(b). If you understand what the words mean then you too will see in Sec. 871(c) that you are not within the United States or even temporarily present in the United States unless you are in the District of Columbia or it’s Territories as defined Sec. 3121.
: I believe if they defined “United States” in Sec. 3121(e) under Employment Taxes, the same way they defined it in Sec. 4612(a) under Subchapter A. - Tax on petroleum, then the Sixteenth Amendment would be unconstitutional. Since the sixteenth Amendment is only for U.S. Citizens, then only the citizens of the United States as defined in Sec. 3121(e) are subject to the IRC. Please read the Constitution for the rest of the story.
: Further evidence was presented on the episode of 20/20 that aired in April of 1994. Phillip and Marlene Marsh of the Pilot Connection offered a $100,000 reward for anyone who could produce a law that required them to file a Form 1040. The IRS was on the show and did not claim the reward. I have since read the following: “November 30, 1994 was a great day for every freedom loving America! Phillip and Marlene Marsh of the Pilot Connection, were indicted last year after ‘untaxing’ over 10,000 Citizens and blasting the IRS on the 20/20 national television program. The jury verdict is in! The Marshes and the other 6 defendants were NOT convicted on any of the 45 counts the Government brought against them! On the same day, on national radio, Paul Harvey announced that the 10th Circuit Court has admitted that we are not ‘required’ to file a 1040 form!!” The rest of the story: I have been told that they were retried and are now in jail. I believe the answer to “Why do so many people go to jail?” can only be answered by “They just don’t know the law and just stop filing”. You can not just stop filing. Another reason people go to jail is that you rely on a lawyer and they do not know the law, either!
: Stop by your local IRS office and ask for the booklet “Instructions for Form 1040NR”. Read page 2, Resident Alien or Nonresident Alien. If you know who you are and where you live, you will realize that you are a “nonresident Alien”. Now it gets tricky. If you read “Who Must File”, #1 doesn’t sound right, #2 doesn’t sound right, #3 doesn’t sound right and neither does #4. So you must not have to file, right? Well if you want to be on the safe side maybe you should file a 1040NR. Remember that your income within the U.S. is ‘0’. Where to file is also very important. You must send the return to the correct address. Do not put your S.S.N. on the form or attach a W-2 to the return. Your S.S.N. which is on your W-2 admits that you have declared that you are a U.S. Citizen. You have signed your last three year’s 1040 forms, which also declared you as
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: U.S. Citizen. Do not use a zip code or two letter abbreviation of the state you inhabit because it also denotes that you inhabit a territory. Note: now that you know that you are not a U.S. Citizen and you sign a 1040 form, I believe you are committing “perjury”. If you want to elect to be taxed as a Resident Alien, just read the next section of the 1040NR instructions. You may not file a joint return. If your spouse elects to file as a U.S. Citizen (see Pub. 515 page 2 and also page 5 under Employees), you must also file as a U.S. citizen. If you decide that you are a “nonresident alien, you will have to file 1040NR for the last three years.
: This information is distributed by a sovereign Citizen of one of the 50 States under the First Amendment Rights of the Constitution. I am not a Tax Protester. I do not disagree with or protest the law. The Law, the Income Tax Regulations and the supreme Court all concur: “Compensation for labor, earned by an American Citizen, in any of the 50 states, an occupation of common right, is not taxable”! “The graduated income tax is 100% voluntary for these citizen”! I agree, so there is no law to protest! Everyone is presumed to know the “Law”, so please call Free the People! a division of: We the People (714) 375-6631 to order a book that will help you learn the truth.
: Remember the saying “The Truth Shall Set You Free!”.
: Reported by Media Bypass Magazine Sept. 1996 (800) 429-7277. The “IRS” is not a lawful entity but just another “term”. The term “Director, Alcohol, Tobacco and Firearms Division” has been replaced by the term “Internal Revenue Service” can be found in Federal Register Vol. 41, Sept. 15, 1976.
: An article titled “Victory Over the Internal Revenue Service” was printed in Veritas newspaper in July, 1996, stated: “On September 21, 1992, Tom Sullivan radio talk show (KFBK in Sacramento, California), hosted two IRS agents, Vicky Willis and John Deering, who admitted that forty percent of the potential 175 million plus American ‘taxpayers’ are not filing federal income tax returns. These IRS agents told us that 70 million potential ‘taxpayers’ are not filing federal income tax returns. This is why Bill Archer, Newt Gingrich, Richard Armey and others are making statements like those recorded in the U. S. News & World Report. One way or another, the current and unlawfully applied income tax will cease to exist. Either the government will abolish it or the people will.”
: For more information contact Steven Pattison at Pattisons@worldnet.att.net . This is true and I am not afraid of the truth.
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