Originally Posted by
jesse james
EZrythm you cannot say you have no income and yet use an affidavit stating you are a willing participant of Social Security.
Ever really take an honest look into Social Security?
Earning 3121(a) "wages" is income.
For ease of understanding why you cannot say you dont have income and yet are a willing participant lets say to participate in Social security one earns a Social Security wage. This wage is going to be used as a means of measuring the credits towards benefits.
3121(a) "wages" is defined as all fruit except the term excludes-
1. Strawberry's and-
2. Banana's
Easy enough?
Ok onto defining 3401(a) "wages"
For the purpose of this chapter 3401(a) "wages" is defined as all vegetables except the term excludes-
1. Strawberry's
2. Banana's
Ok now you are wondering if 3401(a) "wages" is defined as all vegetables why in the heck does the 3401(a) "wage" exclude the same exclusions to 3121(a) "wages" that are fruit?
Good question huh?
This is where Hendricksons CtC theory falls apart and the reason why he's in prison today.
See EZRythm this is why the courts say 3401(a) "wages" is expansive to include the private sector along with government employees.
A little logic goes a long way.
By saying whats excluded in 3121(a) for the 3401(a) definition is telling you that 3121(a) "wages" are included in 3401(a).
You know Social Security covers a multitude of jobs or occupations that qualify for crediting the trust account for obtaining immediate and defered benefits offered by the government program.
So instead going the long route of listing every job or occupation they tell you the small list of jobs or occupations that dont qualify for crediting the trust account. This is a much simpler way.
This is exactly how the 3401(a) "wages" are written in Title 26.
Here see for yourself!
(a) Wages
For purposes of this chapter, the term “wages” means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include remuneration paid—
(1) for active service performed in a month for which such employee is entitled to the benefits of section 112 (relating to certain combat zone compensation of members of the Armed Forces of the United States) to the extent remuneration for such service is excludable from gross income under such section; or
(2) for agricultural labor (as defined in section 3121 (g)) unless the remuneration paid for such labor is wages (as defined in section 3121 (a)); or
[U](3) for domestic service in a private home, local college club, or local chapter of a college fraternity or sorority; or[/U]
(4) for service not in the course of the employer’s trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is $50 or more and such service is performed by an individual who is regularly employed by such employer to perform such service. For purposes of this paragraph, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if—
(A) on each of some 24 days during such quarter such individual performs for such employer for some portion of the day service not in the course of the employer’s trade or business; or
(B) such individual was regularly employed (as determined under subparagraph (A)) by such employer in the performance of such service during the preceding calendar quarter; or
(5) for services by a citizen or resident of the United States for a foreign government or an international organization; or
(6) for such services, performed by a nonresident alien individual, as may be designated by regulations prescribed by the Secretary; or
[(7) Repealed. Pub. L. 89–809, title I, § 103(k), Nov. 13, 1966, 80 Stat. 1554]
(8)
(A) for services for an employer (other than the United States or any agency thereof)—
(i) performed by a citizen of the United States if, at the time of the payment of such remuneration, it is reasonable to believe that such remuneration will be excluded from gross income under section 911; or
(ii) performed in a foreign country or in a possession of the United States by such a citizen if, at the time of the payment of such remuneration, the employer is required by the law of any foreign country or possession of the United States to withhold income tax upon such remuneration; or
(B) for services for an employer (other than the United States or any agency thereof) performed by a citizen of the United States within a possession of the United States (other than Puerto Rico), if it is reasonable to believe that at least 80 percent of the remuneration to be paid to the employee by such employer during the calendar year will be for such services; or
(C) for services for an employer (other than the United States or any agency thereof) performed by a citizen of the United States within Puerto Rico, if it is reasonable to believe that during the entire calendar year the employee will be a bona fide resident of Puerto Rico; or
(D) for services for the United States (or any agency thereof) performed by a citizen of the United States within a possession of the United States to the extent the United States (or such agency) withholds taxes on such remuneration pursuant to an agreement with such possession; or
[U](9) for services performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; [/U]or
(10)
(A) for services performed by an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution; or (B) for services performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are to be sold by him at a fixed price, his compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to him, whether or not he is guaranteed a minimum amount of compensation for such services, or is entitled to be credited with the unsold newspapers or magazines turned back; or
EZRythm......prior the 1939 code you didnt see these Social Security exclusions in chapter 24's 3401(a) "wages".
Social Security didnt even exist until 1935.
This is why hendrickson is in jail because he wrote a book of his interpretive opinion that didnt line up with the actual law.
I hope you see why an affidavit such as yours isnt going to do anything except possible be used against you in a court of law.
You say you dont have income but yet by participating in Social Security you do because 3401(a) "wages" covers Social Security wages except for the exclusions. Whats excluded from Social Security is also excluded from the chapter 24 deduction and withholding requirement.
The only way you cannot have statutory "wages" is by either having a job that is excluded from the definition or dont even participate in the program altogether.