http://jesse2012.com/IRSletter.jpg
certified mail green card shows IRS received it November 5th.
Printable View
http://jesse2012.com/IRSletter.jpg
certified mail green card shows IRS received it November 5th.
Since you made your "demand", technically no rebuttal necessary but a return will still need to be filed and it may result in an audit. The path that leads to the least aggravations would be to rebut any 1099's and any other information returns.
A return is required if I have income above the statutory exemption amount, yes. But I believe these restrictively endorsed checks are not income under the Revenue Acts of Congress. Therefore if I have no statutory income and nothing is withheld from my pay there is no need to file.
I'd like to report that 30 days have passed with no response received to my inquiry.
Well put, John!
In my experience, ANYTHING that gets reported to the IRS on an information return such as 1099 or W-2 or any other such form, is taxable income.
What you redeem that taxable income for AFTER you receive it is your business, but first the IRS will require you to pay tax on it.
The contract nexus is the bank, which is the "trade or business" with the US.
I don't keep showing this document because of any remedy it may or may not contain, but because it does such an excellent job of documenting HOW one becomes a taxpayer slave.
To get free of income tax, one must have no bank accounts.
Yes, as a CtC-reader I'm aware of the custom "trade or business" definition. I would agree that anything reported on an info return such as a 1099 or W2 carries the PRESUMPTION of taxable income. Enough presumption for the IRS to run with, enough for the IRS to attempt to convince you you've made taxable income. Conditioning. Don't forget this is a scam run by banksters in conjunction with US government. As my letter of inquiry above reveals... these presumptions are mere hearsay, you have a right to be heard regarding the true nature of these payments.
In my experience the determinant of taxable income is endorsement of Federal Reserve credit. That is the contract nexus. I say this because I have bank accounts, correction, my PERSON has bank accounts, but I have been unmolested by the IRS for five (5) years because I deposit LAWFUL MONEY into those bank accounts via restricted endorsement. I am non-contracting. I have also seen with my own eyes, a corporation fully-ensnared in the matrix, who paid payroll taxes late and assessed penalties by statute because of it, threatened with levy, who then filed Form 843 with evidence OF HAVING REDEEMED LAWFUL MONEY ... and won. The IRS backed down. They didn't want to go there. I have repeatedly seen the Feds not want to touch this issue of "Fed Reserve credit v. lawful money" with a ten foot pole. Says something, doesn't it. Lawful money remedy works for PERSONs and Corporations too.
Treefarmer, if the IRS is pursuing you for a period when you actually were endorsing Federal Reserve credit, well then, your options are limited. After all, you or your ENTITY was contracting wasn't it? Albeit a non-disclosed, hidden contract. You might sue for "fraud by omission" or hint at it anyway. After all, the IRS doesn't know exactly when you started redeeming lawful money. Can you imagine a lawsuit where the taxpayer was asked "on what date did you first restrictively endorse a check into lawful money?" NOT GONNA HAPPEN. I submit to you they absolutely cannot have any sort of this talk on the record, it would admit the scam. Therefore you might bluff them into a stand-down victory... with just the threat of a lawsuit.
I just received a Form 1099-MISC for 2012. As you know, this Box 7 amount is reported to the IRS and carries the presumption of statutory income. But it isn't, I redeemed lawful money the whole year. So I may have a complete success story to show later. Unfortunately this may take awhile to develop. The banksters/IRS won't know anything's amiss until April 15th when no matching Form 1040 (return of income) is filed.
Sooo Johnny,
Basically what you are saying, the 1099 was given to you by a client, or "payer". With its receipt, you take that 1099 and fill in your 1040, I think line 12 in this case. The payer is just following his instructions, filling out a 1099 is part of filing his taxes. This is basically giving you a packaged amount to fill in your 1040 form. That money was paid to you, and is assumed to be private credit. Lets say for argument, the payer, unknowing about lawful money, between his ears assumed as much. Upon receipt of each payment, you had stamped your non endorsement, lawful money only. I see this 1099 more as an instruction to you how much was filed in your name or person. What you did or do with the money from that point on is what is filled in your tax return.
Ok now, 2 questions...
1.) Where/how are you filing in your tax form to indicate you received this money as lawful money? Are you even recognizing receipt of it on your return?
2.) I have an LLC, and basically pay myself. Is there a way to short circuit this mess and pay myself in lawful money (i.e. indicate that the written check is lawful money)
Thanks Johnny, this is a real world example, and you are definitely moving the ball forward.
I see it as Notice and Demand. But it is to the IRS which means it is limited. I believe that the IRS agents get guideline memorandums and last I checked these are no longer available for us as laymen to view. I find that encouraging.
This may be a little off point from the thread but I want to show you something. This is an indication of how one might be able to summon a response from the IRS attorneys through the federal court. I am using this process toward getting compliance toward settling a lien so I will be quiet about the details there. However you might get something out of these filings and the code too.
This came up with people in NY and elsewhere having trouble filing a Miscellaneous Case Jacket for an evidence repository for Notice and Demand (to redeem lawful money) like shown around here. So I used the PACER search engine to look up Miscellaneous Case usage and to conform the rules so that these new suitors could get their Notice and Demand published, therefore they can serve a certified copy on their bank instead of hassling with a Signature Card novation.Quote:
Title 28 USC §1782(a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.
A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege.
(b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him.
So you got it right if you figured it out on your own here. You want your Notice on Demand on the front page after your quick Application for whatever. In this case you want a correspondence back from the IRS. In a NY suitor's example he wants a response to the Notice and Demand ordered by the federal judge - from GEITHNER and BERNANKE too!
It does not matter if you get your response though. The purpose is that you get your Notice and Demand on the record in the "exclusive original cognizance" of the US government so that you can use it in your court at your pleasure.
These attachments gave me an example of something that the clerk of court would recognize and file, giving the suitor an evidence repository.
You can always put in default responses--as in tell them what they are agreeing to if they don't reply--I'd be reasonable. I have issued demands for reply and have gotten them in exactly the time required. I have even gotten requests for more time to reply. I don't take an antagonistic approach with the IRS agents. Many of them are quite helpful and can be quite kind people. However, if they fail to reply you can simply follow up with your concept of what they are agreeing to and file it in a case jacket. If the USDC Clerk is shy about taking the other papers, the memo might not seem so 'scary'.
I have taken the perspective much like this: that in some way or another they work for me and so I help both the IRS agents and "clients" by getting matters resolved peacefully (ala conservator of the peace).
Yeah those memos can be handy. Like one that hinted at an "individual" being a trust. Nonetheless, one can keep an eye out for changes to the Internal Revenue Manual.
***
Re: 1099s. A 1099 doesn't necessarily evidence taxable income. It can simply indicate that some kind of 'flow' took place. It doesn't indicate that the amount in question was profit. A record of redemption for lawful money should serve as evidence in case of an audit. I wouldn't worry about it too much.
Keywords: Gross income, taxable income, capital receipt, revenue receipt.
I notice the Form itself tells you the IRS has no procedure for recipient to correct an incorrect 1099:It's up to you, the recipient, to determine the correct amount of income; the 1099 is just a 3rd party hearsay report (and also a bit of social engineering; conditioning). If I redeemed lawful money all year the correct amount of income (under the Revenue Acts of Congress) is zero. And since nothing was withheld there is no need to file a return.Quote:
Form 1099-MISC Incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly.
Hi Mike, I have worked for myself for years. About 2008-09 I discovered David Merrill and began redeeming lawful money. I managed to get most of the 1099 reporting to stop and stopped filing after 2008. No issues. I actually wanted a 1099-MISC this year to prove that one can win this despite "reporting." So the answer to 1) is: no, I don't even recognize receipt of it. I won't even file.
2) You and the LLC are 2 separate entities. I don't see any way to short circuit. The LLC issues payment (a check, presumably) and then the payee gets to choose whether to endorse private credit of the Federal Reserve, or redeem lawful money.
I suspect the way this normally plays out: first a cordial letter from the IRS asking if I forgot something, inviting me to file. And then probably more threatening notices to intimidate me. Unless I am already on their radar as a leave this one alone. I do have an evidence repository setup - David helped me file the LoR - so I'm well prepared for whatever they throw at me. I'll keep you updated.
If you believe the issuer of the form is committing fraud there are forms for things like that too. If A claims to have paid B $10,000 when A only paid $1,500, B can demand the correction and cc the local IRS office on the communications. If A fails to correct, B can file an appropriate claim form.
The IRS Form 3949-A "Information Referral" seems to be appropriate to the above topic.
Attachment 1107
Again Allodial nice work.
Is the Department of the Treasury — Internal Revenue Service a tax exempt Organization?
http://www.irs.gov/pub/irs-pdf/f13909.pdf
Postal Service says it’s immune from local traffic laws.
http://news.yahoo.com/blogs/lookout/...165944476.html
WoW! Allodial!
Great information! Thanks.
I'd be delighted if it turns out you were correct on this.
Somehow I don't think it's going to be this easy though.
Perhaps I'm just paranoid, being as I am the offspring of Nazis and Jews.
But if you are indeed correct and LM is the remedy to the income tax, I'd imagine that the Fair Tax will suddenly be promoted in congress to replace the IRS income tax collection, in order to recapture the vanishing revenue stream.
A question for you JohnnyCash
What has this done to your Social Security Benefits?
I just see a lot of rules and regs there; can you be more specific?
The benefits are still there, awaiting claim, even though I have not participated in SS since 2007; see below. And the estimates have grown since my last Earnings Report.
http://jesse2012.com/SSA_E2.jpg
I’m just trying to get to the bottom of this letter.
In the first paragraph the federal law. Where is it?
The second paragraph cannot withdrawal from the program. Why not?
You can’t withdraw the taxes paid. Why not?
The fourth paragraph the supreme court upheld the constitutionality of the ss program as well as the act. Where is it?
The fifth IRS has jurisdiction over the liability for SS taxes. Why?
Attachment 1127
I read some have more than 1 set of account numbers and others that are visitors that work here don’t participate.
Besides ss being a welfare program it is a medical program now paying for other peoples health care and notice the voluntarily and mandatory words.
The act is a contract with one signature on it (mine) the rules are in the ss poms and in the ss act.
Do you understand this contract?
After extensive research into the issue of taxes and the use of the social security number. http://www.bibleprophesy.org/squaw.htm
United States Main article: Social Security number http://en.wikipedia.org/wiki/Social_Security_number
Then it’s a National identification number http://en.wikipedia.org/wiki/Nationa...#United_States
My interpretation is that SSI is an insurance policy. You pay premiums and just because you did not get old yet you do not get to stop it while still alive and aging. Likewise you do not get your premiums back because you can always change your mind when you get old.
The terms as I understand them - meaning the terms when I signed on mean that after I pay premiums for 40+ quarters (10 years) I am eligible for life. I do not have a Social Security Number.
People wonder how I can put those sentences together.
For the purposes of posting on StSC, I have no SSN. I am not making an insurance claim. If you think your SSN is for revenue and income tax purposes you will be giving it for such purposes. If I thought that a SSN was for posting purposes then I could not truthfully tell you that I have no SSN, could I? I would defeat the purpose of the SSN by saying that here, supposing such a purpose existed.
Two keys opened this insight to me.
One was a visit to the Social Security Administration office - which I suggest you might try if you are serious about learning from your own works instead of trusting mine. The lady treated me like a financial terrorist when I demanded she remove my SSN from the records. She got the manager and was clearly expecting him to set me back right, in prison. He asked me when I applied for the number? - When I was twelve. Then he asked me how I keep the SSN in existence? - By writing it or saying it out loud. This was a long time ago but as I remember he suggested that I quit doing that.
[Let that slowly sink in between your ears!]
Key #2: I have heard that the terms of the contract about the 40+ quarters has been repealed... Not for me! Insurance is handled in admiralty:
Quote:
Citation #6: A cardinal principle, in which the practice of admiralty courts differs from that of courts of common law, permits the parties to a suit to prosecute and defend upon their rights as such rights exist at the institution of the action; the assignment of a right of action being deemed to vest in the assignee all the privileges and remedies possessed by the assignor...
Where does one get that Certificate of Search written in Key #2: at David?
I see where you coming from http://articles.latimes.com/2011/sep...urity-20110919
The Judge: Social Security is a Ponzi Scheme http://video.foxbusiness.com/v/19071...-ponzi-scheme/
Although I have been redeeming lawful money, something I have been considering this year since my alleged tax burden will be a couple hundred at best, is to well-document a withdraw of lawful money from the bank, walk down to my local IRS office and get them to recognize that they are receiving lawful money in payment of this alleged debt. My question is, Can they accept payment?
I just received a reply:
http://jesse2012.com/response.jpg
http://jesse2012.com/response2.jpg
Interesting case thank you David.Quote:
Key #2: I have heard that the terms of the contract about the 40+ quarters has been repealed... Not for me! Insurance is handled in admiralty:
IN ADMIRALTY IN RE LIBEL OF REVIEW
Today he reiterated that the IMF does not issue or guarantee any obligations called "Prime Bank Notes," "Prime Bank Guarantees," "Bill of Exchange," or "Bill of Equity," or extend any credit lines through commercial banks or other agencies.
The IMF is an intergovernmental organization whose financial transactions and operations are carried out directly with its member countries and only through a fiscal agency designated by each member for this purpose (such as the member's Central Bank or its Ministry of Finance). The IMF does not operate through other agents and it does not endorse the activities of any bank, financial institution, or other public or private agency.
International Monetary Fund
Address: 700 19th St NW, Washington, DC 20431
Phone: (202) 623-7000
http://www.imf.org/external/np/sec/nb/1996/nb9614.htm
Johnny's problem is that he does not intend to file a tax return, as he has had no taxable income. While the letter form of protest of the 1099 MISC hearsay is probably good, you as recipient of the payment are under no obligation to force the issuer to correct his 1099. Your duty is only to have records that show that you redeemed the payment. If the IRS gets 1099's, and no 1040, the flag will go up and you will get your chance to rebut the hearsay, probably under threat of an audit. In my letter enclosed with my return this year, I have asked the IRS to please advise me if they have a preferred method of justifying the differing amounts shown on 1099's vs 1040's, as there seems to be no instruction given for reporting lawful money transactions in 1099's. Indeed, lawful money transactions occur downstream of the issuer, so he has no way of knowing this event.
Sorry I have not visited and noticed your question!
That cite is from Are You Lost at C? - the Memorandum of Law.
Yes, it is quite a problem isn't it? to make $79k documented from one source and have no taxable income. Yet I alone must bear the burden. I guess somehow someway the IMF-Deutsche Bank-HSBC-JPMorganChase banking cartel must find a way to carry on without Johnny's cash. Without taxing my labor; without running their SCAM on me. You can all watch as it unfolds.
No letter; didn't happen. You're not gonna win this one, Jay.
My status is this: I've been redeeming lawful money since 2010 (thank you David!!) and have been fortunate not to work since then -no bank acct, no employee status, no 1099 contractor, no filing requirements. I am a clean slate, especially for 2013 and beyond. I need to work again, and am able to work in a place of fine dining. My only intent is to do things lawfully.
I have heard that "under the table" work is not legal, but what defines that? Is it a company (entagled in state laws, taxes, etc) that pays the worker, therfore creating undocumented income? What if working for cash tips alone? The company pays you nothing, you are basically getting paid by the public... no different than a beggar or street busker on a subway, no? Can you AND/OR the company get in trouble if you and they agree on "free" work, ie. a volunteer? Must it be via private contract (and via verbage of lawful money for good measure?)
Now, what if that is not agreeable (or legal), and one still wants to work for JUST cash tips, but to keep the fine dining's accountant and owner stress free, you agree to provide a SSN, verbiage of lawful money, and expect the company to issue a 1099 (this has been offered)... How can a company claim on a 1099 they are paying you? Aren't they saying you were paid money by yet several other 3rd parties?
I am trying to place the best course of action over a time sensitive matter. I thank you all!
Anyone? I am really hoping someone might be experienced in this area.
Yours is an interesting situation, Topgun. The employer has some liability issues such that he is unlikely to want you 'working' in his place of business without some sort of contractual relationship, for insurance liabilities purposes at least, but he does not want to pay you minimum wage. If you are not an employee, paid by the employer, there is no way the 'employer' can then issue a 1099 to you for monies paid to you by others. You can probably get an insurance company to sell you a fairly cheap ($100) policy which constitutes a sort of bond, promising to indemnify the 'non-employer' for any problems you might cause. I had a contractor insurance policy for a while when working as a consultant inside a chemical company, which had $1 million umbrella coverage for about $100 (15 years ago, so maybe some inflation, ymmv). You might also want to register your NAME as a fictitious name, dba, so you can perform the service you provide. Then the 'non-employer' could contract with the NAME company for on-site services for a rate other than minimum wage, say $10/month... then when the NAME company obtains money for services provided, you set up a bank account for the dba, and redeem all monies received for lawful money per 12 USC 411, thus you get no 1099's and pay no taxes.
The 1099 is used to create the illusion of another basis for taxation, apart from the basis that arises from the receipt of FRN's. If the payer insists on collecting an SSN from you, flip around some of the digits in your SSN (you can claim dyslexia if it ever comes up) and consider giving him an alternate address (not one the IRS already has for you). Without the correct SSN and with a different address, the IRS will never be able to track the payment to you.
You can subtly note duress on the form he forces you to fill out with a "TDC" (for threat duress, coercion) so you can void the instrument later (especially if you are nervous about giving a false SSN, which Supreme Court says is not a crime BTW) but even this is not necessary if you are worried it will cause a problem with the payer. The duress is there whether you note it on the document or not.
Be sure to demand PAYMENT IN LAWFUL MONEY AND sign your name "without prejudice" on all forms he forces you to fill out, so that you cannot be deemed to be voluntarily accepting any undisclosed benefit (such as receiving elastic currency) or be held obligated to any undisclosed terms or obligations (such as the fact that many of the words on these forms you are signing have custom definitions in Federal law, and thus the form creates a presumption that your work is Federally connected, creating a basis for treating the payment as "gross income" received in connection with a "trade or business" within the "United States".
Years ago I declined to give an SSN to a payer, did not report the money he paid me, and never heard anything about it. I don't even know if he issued a 1099, but without an SSN it was pretty useless to the IRS.
With all due respect, what you suggest is a rather "slippery slope" to go down. Afaik, in general, payors request that you tender a Form W-9 (or a derivative/equivalent form) which must be signed under PoP (Penalties of perjury). Moreover, it also goes to your intent, and intent leads to your character. Could you stand before a jury and swear to your action being the "truth and nothing but the truth"? Don't think so ...
Lastly, there's a special program in play by Auntie [IRiS] called "Identity Theft", which tracks just such activities and has a penalty-escalation provision in place as well. Upshot: don't do it -- you're apt to shoot yourself in the foot.
However, one perfectly legal route I found workable is to demand that the payor produce a fW-9 that bears a valid OMB-Control Number. I'd also state that when s/he does, I'd be glad to comply. Though I could be wrong, after years of looking, I have yet to find such form. Auntie [IRiS] clearly understands the form's deceptive (read:entrapment) nature, but cannot mandate its use for the non-federally-connected business sector. How do I know this? Since IRC Sec. 6109 is the governing statute (mandating SSN-use for all federally-connected purposes), it would be simple to get fW-9 OMB-approved, but it is not (yet).
Check out the Diminished Money Counterclaim thread. By notifying the Fed there is really no need to involve the employer at all. And even if redeeming lawful money were to fail to get a Refund you are still better off usually to have a job and career.
I would avoid such a confrontational approach, particularly since it's unnecessary. Remember, "payers" are typically legal morons. They don't care about OMB numbers; all they care about is "not getting in trouble". So here is what I did recently in a similar situation...
I worked a job and after its completion was presented with a "Form W-9" and told it was "very important" to fill it out "right away". However, I told the lady who gave it to me, "This is the wrong form for me. Are you aware there are many other forms besides the 'W-9'?" She replied that she's heard of other forms before, but didn't know about them, much less have any of them with her. I told her that when I returned home I would supply her with the "most appropriate" form relative to me: a modified W-8BEN. (The "stock" IRS W-8BEN is to be avoided as it's chock full of nasty, presumptuous language repugnant to the rights of We the People.)
So I later sent her the modified W-8BEN form - certificate of foreign status - and told her they will be happy with this form because this is no 1099 reporting or backup withholding required with it. I send a long an excerpt of Publication 515 highlighted with the "Tip" that "Foreign persons who provide Form TIP W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting." The modified form also included a note that as a nonresident alien, I at no time during the year engaged in a "trade or business" in the U.S. I included no SSN or tax ID number. I did not hear a single peep of protest over this form, and I will not receive a 1099 or be subject to any "reporting" from this job.
It's vitally important, though, that before using this form you have proper standing to use it. For that, you need admissible evidence of your nonresident alien (to the "U.S.") status - without that, your form W-8 could be rightly rejected. David's libel of review/evidence repository may be one approach to accomplish that, though I took a slightly different route of publicly recording my status documents, then verifying the notary, and certifying the verification with the State.
My intent would simply be to exercise my right to make a living without being compelled into a commercial contract with the United States. I could certainly swear truthfully that I was under duress in furnishing an SSN and submitting the W-9 or W-4 form absent proof that I am required to furnish this information in the first place. Such duress makes these forms voidable and invalid. And it is not "identity theft" to provide an incorrect number if you are not knowingly using someone else's number. Supreme Court ruled just a couple of years ago that it is not unlawful to provide an incorrect SSN, if you are not knowingly using someone else's number.
In a famous case involving Taco Bell years ago, a Federal Court established that a SSN could not be required for working in this country. SSA has admitted this as well. A payer who compels the use of a SSN is in violation of the law and exerting undue influence. You are therefore under duress and the W-9 and W-4 is voidable in any case.
I agree it is best not to bite the hand that feeds you. To clarify, in the situation I described I was working as an "independent contractor" for the payer, he neglected to get an SSN from me or have me fill out a W-9, so I never had to "refuse" to give an SSN, until after the end of the year, when I no longer worked there. I mentioned this only to illustrate that without a valid SSN, it is much harder for Auntie to track payments made to you. Probably impossible if you give an address to the payer that Auntie does not have on file for you and/or use a slight variation of your name.