After reading some of the posts concerning filing 1040s here on the forum, a thought crossed my mind. Might it be beneficial to write or have a rubber stamp made that says “lawful money and full discharge is demanded for all transactions 12 USC 411, 95a(2)" and place it on the W-2 forms to be sent to the IRS along with the 1040? Or, might it confuse them and cause problems with the filing??
.....Helpmedoitright.....what a clever username.....welcome to StSC !! ;)
One of the reasons I asked about the W2 form is from a read of the following link. I understand the Federal Register came about so that the public would have a means of reading and understanding what the congress was doing in plain english. A daily journal, if you will, so that us non-lawyer types could read and obtain a better understanding of the daily activities of the Congress. IF the information from the September 11, 1946 Federal Register is STILL in force and effect, it would appear most of the CPA, Enrolled Tax Agents, Tax Lawyers and the IRS themselves may not be in compliance with the United States Congress. Your thoughts on this issue are appreciated.
http://usa-the-republic.com/revenue/irs_1040.html
Welcome to StSC!
I find it the best advice not to get into it with the W-2. This involves your employer. Best to keep your employer out of it.
This also introduces confusion about filing. If you employer is sending no withholdings to the IRS then there is no need for you to be filing the 1040 Form. There are no funds for you to get back out; no withholdings. But your employer will probably report your Income and this gets confusing for the IRS and looks like maybe you have a requirement to File but you failed to file, which is of course a jailable offense.
In the alternative you File when you are not required to file, just to show no taxable income based in the IRS agent's understanding about your liability. So at least, if your employer has been withholding it does not look like you are trying to get away with anything. The remedy is not perfect and you probably have read, Exactly What Does the IRS Agent Think. This is a bit confusing for the IRS agent with the IRS attorneys trying their best to obscure remedy in Memorandums and Revisions to the statutes etc.
At any rate, it is a pretty safe bet that if you love your career and your job, it is best not to get your employer involved with redeeming lawful money by demand.
Regards,
David Merrill.
IMO, ALL of the money the "taxpayer" receives from an "employer" is rightly and legitimately presumed to be transacted in FRNs - the default currency of choice in this country.Quote:
Originally Posted by Helpmedoitright
IMO, it is required for the "taxpayer" to file a 1040 in order to rebut this initial presumption IF the "taxpayer" has evidence of demanding lawful money for all transactions for that tax year SO THAT the IRS can correct their books in order to reduce the national debt that was tentatively ledgered because of that presumption.
If the 1040 is not filed, this presumption is confirmed and the national debt is mistakenly and correspondingly increased, and this hurts our country, especially because of the fractionalization of all debts.
I agree with David - do NOT involve the employer or the W-2. It is NOT necessary and only raises red flags, IMO.
See post #10099 for more 1040 Help.
Keep matters where they are best confined. Avoid getting stupid fancy and causing yourself trouble. The W4 has to do with status as pertains to the IRS--nothing to do with lawful money except that as pointed out above, the presumption is that you are taking FRNs for "payment" (i.e. you are allowing participating in the Industrial, Derivatives & Futures Wheel-N-Deal Game). The bank is where you deal with the redemption for lawful money--not at your job.Quote:
Don't #### where you sleep.
I have said it though, maybe after a few years of full refunds you might consider approaching Personnel and Payroll about it. As trustee of your estate you have a fiduciary responsibility and those withholdings could be gaining interest for you in your own account. Also, while held by the IRS those funds are not available as a savings account for replacing your car's transmission or tires etc.Quote:
Originally Posted by allodial
But even then...
Maybe someone one can exchange the tax credit with the bank in exchange for credit on account or offset of a liability (loan) to the bank0. I've seen W4 filled out with exemptions across the board, zero withholding, SSN 000 00 0000. Only FICA was taken out. U.S. Passport was the only form of ID shown. The job was held for about a year. It is conceivably possible to fill out a W4 at time of employment and separately (before or after) establish an exempt status with the IRS then have the IRS back you up--that way you keep the employer from being in a pinch (although the employer is acting as a IRS/Treasury agent for W4 and purposes and as a Fed for I-9 purposes whether they know it or not).Quote:
Originally Posted by David Merrill
I may not have been clear about what I was asking. According to the ink:
http://usa-the-republic.com/revenue/irs_1040.html
26 U.S. Code General Requirement of return, statement or list.
(a) General rule
When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Secretary. Every person required to make a return or statement shall include therein the information required by such forms or regulations.
The moment the W2 statement (not W4) is received by the IRS from the Employer, statutory requirements for filing have been met. As the Federal Register clearly states, a W2 statement can be filed in lieu of a 1040. That said, my idea is to write the demand for lawful money statment onto MY copy of the W2s along with a statement demanding return of my monies in the form of a refund. Package it up and send it into the IRS. It would certainly present a far more simple presentation than a 1040. That said, I'm new to this forum and open to suggestions.
Along those lines, a friend of mine tells me a friend of hers has been sending a mere notarized statement instead of a 1040 to the IRS for years and has received full refunds. Only one problem, her friend is unwilling to share the wording of the statement with her so we are only left to guess what it says.
Quote:
As the Federal Register clearly states, a W2 statement can be filed in lieu of a 1040.
When I read it I was thinking 1040 Form...
OK and by the way, this information from the Federal Register is new to me. I'm a guy who likes things simple and filing a copy of my W2 along with a notarized statement demanding refund seems like a simple idea. Opposed to filing a 1040 which can become complicated and complex rapidly. I guess the question at the moment is would this idea work in today's environment if sent to the IRS? Feedback is appreciated.
It is a simple idea and quite effective. The problem is that an IRS agent can easily phone Payroll or Personnel and there is no recording of what is said in the phone call. The IRS agent will tell your employer to deduct full withholdings and your employer will have you labelled as a tax protester and you will get laid off or fired. All because you involved your employer.