Re: People in the Several States are Nonresident alien individual!


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Posted by Common Right Group at San Diego county on July 12, 1997 at 06:42:21:

In Reply to: Re: People in the Several States are Nonresident alien individual! posted by Steven Pattison on July 10, 1997 at 12:15:12:

: : Re: To my friends and family,

: : I have been reading about tax "law" for about a year now, and it would seem that there are two differing views on this 1) non-resident and 2)Citizen of (The United States of/and or America, American National... etc.) as well as 3) Tax SLAVE (but we'll over-look that one for today).

: : As far as I have read I belive that I am Not a Non-res, but rather a Citizen who is only required to file a alternate W-8, as well as a notice of Citizenship as per:

: : C.F.R. 1.1441-5 Claiming to be a person not subject to withholding.

: : (a) Individuals. For purposes of chapter 3 of the code an individual's written statement that he or she is a citizen of the United States may be relied upon by the payer of the income as proof that such individual is a citizen or resident of the United States. This statement shall be furnished to the withholding agent in duplicate. An alien may claim residence in the United States by filing form 1078 with the withholding agent in duplicate in lieu of the above statement.

: : (b) Partnerships and Corporations. ...
: : (c) Disposition of Statement and Form The duplicate copy of each statement and form filed pursuant to this section shall be forwarded with a letter of transmittal to the Internal Revenue Service Center, Philadelphia, PA. 19255. The original statment shall be retained by the withholding agent.

: : Note (a), (c) and please explain how a non-resident would satisfy this section???

: : I may be wrong, and I admit that this tax crap is tough reading at times, but I belive that it is constructed to be a nitemare pure and simple ;)

: : Please email a response as I can't get on the very often.

: : check out: http://home.erols.com/scambos/ta10003.htm

: Reply:

: I am a nonresident alien as defined in the IRC, because they, "the powers to be", changed the definition of "United States" and "State" and I do not inhabit the United States as defined in the IRC. Then they passed the "Buck Act" that made the zip codes and the two letter abbreviation of the states all a Federal Zone and after finding out about this, I no longer use two letter abbreviation or a zip code. So, when you sign a 1040 form where they have you as a U.S. citizen, are you a citizen of the United States as defined by the IRC? Did you use a zip code or a two abbreviation of the states?

: Ignorance of the law is no defense. If you signed a 1040 form the states you are a U.S. citizen and you are not, you may want to get that corrected right away.

: Now, stop and think about it. I am an inhabit of Kansas and when I am visiting someone in Missouri, I am also a nonresident alien of Missouri. It is just words, but you need to know the definition of all words before you sign something "Under Penalties of perjury". Don’t you agree?

: Steven Pattison Pattisons@worldnet.att.net

Common Right Group answers:
Please, people, be very careful about declaring non-resident alien status. We have learned that this status can totally remove any and all standing to sue in any court in these united States and make one a "stateless" Person.
Furthermore, the non-resident alien game is a merry-go-round with "damned if you do and damned if you don't" consequences. This whole nra status game is one huge trap lurking for the unwary.
The Citizenship status is entirely moot for tax matters. Whomever has told anyone that the Congress doesn't have complete and plenary power to tax any legitimate subject of taxation, direct (must be apportioned among the states) or indirect (duties, imposts and excises) is a liar, pure and simple. If someone repeats that misinformation, he's in the same class as one receiving stolen property.
What matters is whether or not one is engaged in a taxable activity subject to duties, imposts and/or excise taxation. The "Income" is not the subject of taxation, just the measure of the amount upon which the tax is due. The subject of the tax is the excise (activity). We know the "Income Tax" is not a direct tax on persons (capitation) or on property, because Congress has no such tax acts on the books. The tax in question is on (in respect to) income (gains) derived from taxable activities.
The boyz and gurlz at the IRS (does it exist?) like to tell you the 16th amendment authorized the income tax. Duh! The sixteenth whatchamacallit only PREVENTED THE COURTS FROM TREATING THE INCOME TAX AS ANYTHING OTHER THAN AN INDIRECT TAX, or the Supreme Court of the United States is a bunch of incompetent slobs that the IRS can overrule at will. Check out the contrived Hylton case in which the tax on carriages was decided to have been imposed on the activity (use), not on the property by virtue of its ownership.
Well, that seems that the tax on your knife and fork can be imposed on its use as a vehicle to transport excess calories from plate to mouth. Same logic. The Hylton case is only mentioned because it was such a bad case, and was improperly briefed and argued. Hylton, in losing, payed only $16.50 instead of the original claimed $2,000 liability. We smell a skunk!
It's getting real late and we're probably not making great sense here. A bit disjointed at best. However, at the risk of sounding repetitive, we've been having a little exchange with the Pattisons on this matter and are in what appears to be disagreement. They've been studying for about a year, we've got from 6 to 20 on our resource list, so we obviously think the odds are better with us. Nonetheless, don't take their or our word for it. Research everything for yourself, and don't just verify the cites you're led to. Dear Steven, if you are the importer or manufacurer of cigars, or the distiller, importer or distributor of spirits, the IRC applies to you. The United States, in law, means these united States, jointly or severally. In fraud, United States might just mean the District of Criminals, etc.
Incidentally, the IRS is naught but an employee of the C.I.R. (Commissioner of Internal Revenue). The Congress authorized a C.I.R. "...who may employ such persons as...." but the IRS is not to be found in Title 31 USC at the list of agencies. We really suspect the IRS is and agency for the A.I.D. and I.M.F. An IRS agents badge, even Special Agent's badge, cannot be found in the United States Badge Book - anywhere. Most of them are ignorant and are appalled when they learn that. Several have quit on the spot upon being enlightened. Criminal activity does not necessarily mean criminal intent until the activity is continued with "knowledge of the law."
One more thing, then we're done. Don't let the IRS, FBI, BATF, DEA or anyone else cause you to disenfranchise yourself from this land upon which you were placed by your creator. It's your land, not theirs. There is a section of the USC tha shows up just before the so-called "Buck Act," which creates no new venues or territories, only permits fed agencies to establish administrative districts for their internal use. Don't worry about the Buck Act, it has no bearing on anything or anyone outside the agency using its authority to establish zones. DMSR 122.32 does say use of the Postal ZIP Code is voluntary, but it isn't as critical as some would like us to believe. They've got us afraid to check our mailboxes, but it's all misdirection. What wee advocate is pushing the feds back into their own 4 USC 72 pay grade and territory instead of trying to hide from them. Now what did we just say? We just said to make them hide from you instead of you hiding from you. We've invoked 4 USC 72 as a challenge for specific authority required therein and actually seen fed agents "run" away from our face. A 911 call would have been next (Yes Steven, us too) if the agent had stayed or gotten arrogant or pushy. It's reeally all in the confidence and demeanor, and the more we know these folks, demeanor we get to them. (pun intended).
end Common Right Group Response.





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