Posted by Paul Andrew Mitchell, B.A., M.S. on September 23, 1998 at 19:32:52:
In Reply to: Re: Appendix "J": Petitions to Congress, from "The Federal Zone" posted by . on September 23, 1998 at 09:12:07:
: RE: We recommend that workers who want to stop
: >: voluntary withholding, compromise by titling
: >: their statements with "Certificate of Exemption
: >: from Withholding In Lieu of W-4, by Affidavit,"
: >: which Affidavit is verified under Section 1746
: If you are not in the Federal Zone why do you quote Federal Zone code and or regulation?
: Why bother with a Certificate of Exemption if one is not within that zone?
: : Under authority of the Petition Clause in the
: : First Amendment to the U.S. Constitution,
: : see Internet URL infra:
28 U.S.C. 1746 has two sections:
one for verifications inside the federal zone, and
one for verifications outside the federal zone.
The section which governs IRS Form 1040 is
the perjury jurat INSIDE the federal zone.
Clearly, this statute anticipates affidavits
which are executed outside the federal zone too
(i.e., inside the 50 states of the Union).
Title 28 governs ALL federal courts, even the
ones which are convened inside the 50 states.
Moreover, being federal law, this statute
is also the supreme Law of the Land.
It eliminates the need for a Notary Public's
signature and seal.
We chose the wording of the Certificate, because
IRS cannot be expected to understand the
legal significance of the term "Affidavit".
As far as I am concerned, however, an
"Affidavit of Exemption from Withholding
in Lieu of W-4" would be a totally acceptable
It also has the beneficial effect of changing
a worker's status from an "employee", to a
worker who is expressly NOT an "employee",
as that term is defined in the IRC.
/s/ Paul Andrew Mitchell, B.A., M.S.
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