Posted by Common Right Group on July 28, 1997 at 19:01:47:
In Reply to: SSA Response (July 14, 1997) to my Affidavits of Rescision! posted by Charlie @ Sterling Investigations on July 18, 1997 at 13:10:23:
: Charles F. Charpentier
: c/o Box 883, Portage, Wisconsin
: Postal Code 
: July 18, 1997
: Dear Friends,
: Following is the text of a letter which I received today from the Social Security Administration, in response to my recent action of having my Social Security contract legally rescinded. Their letter was dated July 14, 1997.
: Dear Mr. Charpentier:
: This is in response to your correspondence about the Social Security program. People cannot voluntarily end their participation in the program. The payment of Social Security taxes is mandatory, regardless of the citizenship or place of residence of either the employer or the employee. Unless specifically exempt by law, everyone working in the United States is required to pay Social Security taxes.
: Similarly, people cannot withdraw the Social Security taxes that they have already paid. Social Security taxes paid by employees and employers are not placed in individual accounts, but are pooled to pay benefits to eligible workers and their families. Benefits are paid only on the basis of a voluntary application. (note: for you receiving this via email, the word voluntary was underlined in the last sentence)
: The Social Security Administration (SSA) is required by law (at section 205 of the Social Security Act) to maintain records of workers' earnings and to establish any other record necessary to carry out our responsibilities under the Social Security Act. Because many people have the same name, or change their name, a reliable and permanent system was needed to distinguish one individual from another in our records. The Social Security account number system was established to meet that need.
: The constitutionality of the Social Security system, as established by the Social Security Act, and mandatory individual participation have already been established by the Supreme Court. We will not respond further to your correspondence about voluntary participation in the Social Security program or the withdrawal of Social Security taxes.
: The Internal Revenue Service has jurisdiction over the issue of liability for Social Security taxes; the Immigration and Naturalization Service has jurisdiction over the issue of citizenship. If you have questions about either of these subjects, you should contact one of those Agencies.
: Charles H. Mullen
: Associate Commissioner
: Office of Public Inquiries
: P.S. I haven't yet had time to dissect this letter for accuracy, or outright lies. I would appreciate your feedback, citing the applicable laws. Thanks.
Although we posted a private response via e-mail, we think we might want to add a short reply here in the forum for the benefit of all.
We agree that the payment of Social Security TAXES (not premiums) is mandatory, but are not certain about voluntary withdrawal. It seems that if one has the power to volunteer in, he should be able to de-volunteer out. The Right of expatriation may be applicable here.
Now, as to the subject matter of 'mandatory' payment of the tax. Solid research into the law of taxation will reveal that any tax for which one is liable is not voluntary, but mandatory. Only the filing of the forms is voluntary. [Check out the 'frivolous arguments' section of Otto Skinner's BIGGEST TAX LOOPHOLE OF ALL.]
This leads to the question of just what is the nature of the tax? Is it [the tax] a tax on persons (capitation), a tax on property [both of the above need be apportioned among the states], or is it a and indirect tax on ACTIVITIES in the form of excises (privileges)? We tend to believe the latter, but maybe this is a question better submitted to the respondent to your request, submitted in the form of a FOIA request. Be prepared to litigate to get a responsive answer.
The bottom line, we think the SS tax is another tax on activities (excises). It is real difficult to have a 'Tax Liability' unless one has either volunteered into that liability in the form of a pledge, or has acquired the status by virtue of an taxable activity of one 'liable for a tax'. Please note the difference between 'liability for a tax' and 'tax liability'.
We all need to do our own research into the laws, but maybe we've said something that will induce a new way of thinking where appropriate, and offer a new avenue of research.
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