Notice - Memorandum of Law
[Supplemental to Page 1 of Doc XX Demand for Lawful Money]
Please bring this notice to the attention of an IRS attorney;
This presentment is Refused for Cause timely and a copy is filed in my evidence repository in the USDC State Case Number 10-XXXX. It has come to my attention that the Rickman case has been mentioned in the Notice about frivolous guidelines of 1/1/11 cited in your letter -
http://www.irs.gov/pub/irs-utl/friv_tax.pdf.
Quote:
United States v. Rickman, 638 F.2d 182, 184 (10th Cir. 1980) – the court affirmed the conviction for willfully failing to file a return and rejected the taxpayer’s argument that “the Federal Reserve Notes in which he was paid were not lawful money within the meaning of Art. 1, § 8, United States Constitution.”
I am in agreement with the court – which is to say that because Gary RICKMAN endorsed private credit from the Federal Reserve he bonded the notes and they were therefore bonded lawful money. If the money is not fully bonded it is not lawful money.
The title sentence of the Federal Reserve Act states …to furnish an elastic currency. The additional notes created by fractional lending are what require endorsement as bond. I have not been endorsing private credit from the Federal Reserve since mid-2009 like stated in my original notice. It is optional and my bank agrees. They have been accepting my non-endorsement (restricted endorsement) of the Fed’s private credit and as far as I am aware, have been avoiding the fractional lending upon any funds of mine in repository with them. It is not up to me to police my bank - that is up to the attorney general. My lack of endorsement has produced no benefit of private credit from the Fed, and therefore I owe no return on my income.
The Rickman case and the Ware case I cited on my initial notice suggest nothing about silver or gold and imply nothing against the Congress being able to define money in America. Both cases do describe however this subtle difference between Federal Reserve Notes and currency that is not elastic – US notes according to Title 31 U.S.C. §5115. I have not been involved with the Fed’s elastic currency system since mid-2009.
To avoid any friction with my employer, I have been allowing withholdings to be sent regularly to the IRS on the presumption that you will understand my filing of return according to the law and refund my withholdings fully. Please review my Return again and promptly send me back my Withholdings.
Sincerely,
____________________________________
True Name of the SURNAME family.