Last edited by Chex; 01-15-12 at 03:16 PM.
"Do you happen to have an example of an affidavit rebutting the presumptions for SS taxes that you could post?" Yeah, give the employer an affidavit that pursuant to Title 5 Section 552, you do not give permission to allow disclosure of any personal financial information to any 3rd party. Have it notarized and tell the employer that this is his "out" for the necessity of doing any reporting to any revenue agency. The employer needs to make a copy of that affidavit and send it in to the IRS and the state taxing agency...and YOU'RE OUT.
Also, cite ADMINISTRAtIVE REGULATION 301.6109-1(d)Originally Posted by Goldi
(d) Obtaining a taxpayer identifying number?(1) Social security number. Any individual required to furnish a social security number pursuant to paragraph (b) of this section shall apply for one, if he has not done so previously, on Form SS?5, which may be obtained from any Social Security Administration or Internal Revenue Service office. He shall make such application far enough in advance of the first required use of such number to permit issuance of the number in time for compliance with such requirement. The form, together with any supplementary statement, shall be prepared and filed in accordance with the form, instructions, and regulations applicable thereto, and shall set forth fully and clearly the data therein called for. Individuals who are ineligible for or do not wish to participate in the benefits of the social security program shall nevertheless obtain a social security number if they are required to furnish such a number pursuant to paragraph (b) of this section.
Heres (b)-
(b) Requirement to furnish one's own number?(1) U.S. persons. Every U.S. person who makes under this title a return, statement, or other document must furnish its own taxpayer identifying number as required by the forms and the accompanying instructions. A U.S. person whose number must be included on a document filed by another person must give the taxpayer identifying number so required to the other person on request. For penalties for failure to supply taxpayer identifying numbers, see sections 6721 through 6724. For provisions dealing specifically with the duty of employees with respect to their social security numbers, see ?31.6011(b)-2 (a) and (b) of this chapter (Employment Tax Regulations). For provisions dealing specifically with the duty of employers with respect to employer identification numbers, see ?31.6011(b)-1 of this chapter (Employment Tax Regulations).
In order for the requirment to file a 1040 you first earn "wages". In order to earn "wages" (requirement to furnish one own number) you must first have to authorize the employer to treat your earnings as taxable "wages" and withhold accordingly. This magical document is a form W4 and requires your signiture meaning the W4 is not mandatory. Earning taxable "wages" is not mandatory.
The Social Security Act has no mandatory participation clause in the Act and thus why ADMINISTRATIVE REGULATION 301.6109-1(d) has verbage to that effect.
Thanks for chiming in Goldi!
Theres a particular person on this forum who is dead set against me and beleives, for some odd reason, I'm a disinformationist from the "banking cabal".
He is the way he is because I dont beleive in merrills theory of fiat being the cause of taxation nor in pete hendrickson theory of the government employee stance.
To this day this person cannot procure any statutory evidence, to the likes of 26usc 3101 and 26usc 3402 for participating in Social Security, that easily explains why earnings are taxable.
You'll see what I mean when he chimes in blabbering his ego to no end.
Last edited by jesse james; 03-22-12 at 09:19 PM.
"I dont beleive in merrills theory of fiat being the cause of taxation" - Jesse james, I do believe it. I believe a secret lien arises when you use their FRN's with a naked signature indorsement. A bifurcated title arises on everything you purchase with FRNs. But that is not what occurs on the surface. They have deftly hidden the real underlying relation in debtor/creditor jargon within the statutes. If nearly 100 percent of taxes goes to paying the interest on the bonds that are generated as a result of the currency that is printed, then there lies your "tax liability". I think you might be confusing FICA with federal income tax liability.
Last edited by Goldi; 03-23-12 at 12:26 AM.
Goldi, can you upload a sanitized scan of that affidavit/letter for us?
No, but the terminology was provided in a previous post. You have to do it under a notary seal.
Goldie ....yes FICA is the taxes associated with participating in Social Security. However, by participating in Social Security you are imposed the 3402 imposition as well.
Go read section 3401(a) of title 26 and tell me you dont see Social Security written anywhere in that section. What you'll find is that there are 22 exclusions to 3401(a) "wages". Roughly 20 of those exclusions come directly from Social Security, 3121(b) "employment" to be exact. What it means is that what Social Security excludes from the 3121(b) "employment" is also excluded from 3401(a) "wages".
Social Security by definition to 3121(b) "employmeny" and 3121(a) "wages" is dictating what is and what is not 3401(a) "wages". So what Social Security disqualifies to earn credits towards benefits does not qualify as taxable 3401(a) "wages".
So the next question is if you dont participate in Social Security at all then you are not crediting your SS account towards SS benefits. Therefore the rules of SS as a whole have NO effect on your earnings period. If theres no respect to 3121(b) "employment" then chapter 24 has no effect in deeming your earnings as 3401(a) "wages" or not for that matter!
No W3 reporting takes effect!
Ohhhhh watch out Goldie......... he'll accuse you of being a bankster minnion or a quatlooser if you dont supply him a photo.
As if his opinion is worth anything at all!
jesse james, have you reviewed the thread called "exactly what does the IRS agent think?" on this forum?
No, I dont give any credence to this site at all. Not when the sites premise is wrong.
Participating in Social Securitry and being paid in any medium, including gold or silver or lawful money, isnt going to stop the W3 reporting to credit the SS account. You can be paid in cow manure and you will still get a W3 transmittal sent to the SSA listing amounts paid.
The irs uses the information from the SSA (the W3 reporting) to update its database.
Stop the reporting (dont participate) and the irs has absolutely nothing to base any liability or assessment on.
Heck stop participating and you dont earn "wages" either!
Besides just what do you think the IRS agent is going to think when you argue an erronous premise?
Last edited by jesse james; 03-23-12 at 09:19 PM.
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