Results 1 to 10 of 44

Thread: 1040 help

Threaded View

Previous Post Previous Post   Next Post Next Post
  1. #22
    Quote Originally Posted by doug555 View Post

    IMO, the DEMAND in 12 USC 411 has to do with the REDEMPTION, and not ISSUANCE, of lawful money.

    The presumed and legitimate default currency in USA is FRN Fiat Notes.

    Redemption of same can only occur in the after-the-fact usage of same.

    Therefore, I believe we cannot demand payment in lawful money, per se.

    However. we can state that "lawful money and full discharge is demanded for all transactions 12 USC 411, 95a(2)" so that we can redeem these same amounts on a subsequent 1040 Form on line 21.

    Make sense?

    Thank you for your thoughts and feedback . . . Great thought process and good verbiage above.

    I can see a version of the above working to fully discharge/remove accommodation party status for the holder/payee in transacting the check/draft "medium of exchange" to keep it payable on the U.S. Treasury side of the house, but where would you, as the maker of any check/draft - place such payment restrictions on the face of the above working example of our check when it is labeled as - "Pay to the Order of: _ABC Company___ ?

    The payee could place the following form of non-endorsement in writing on the back of the check/draft before transacting it to accomplish our goal:

    **********************************************
    Payee orders payment made in lawful money of the
    United States and full discharge of accommodation
    status is demanded for all related transactions.


    transacting absent accommodation is authorized in U.C.C. 4-205
    Auth: ch. 6, 38 Stat. 251-275; Title 12 U.S.C. §411, §95a(2).

    **********************************************

    Or alternatively - an autograph could be placed below the payee order like the example shown below:

    **********************************************
    Payee orders payment made in lawful money of the
    United States and full discharge of accommodation
    status is demanded for all related transactions.

    By: _______________________________________, Payee
    Auth: ch. 6, 38 Stat. 251-275; Title 12 U.S.C. §411, §95a(2).

    **********************************************

    Maybe the maker of the check/draft could place their demand in the For or Memo: ______________ field on the front of the check???

    Maker requires payment to be made in lawful money of the
    United States ONLY and full discharge for accommodation
    status of parties in all related transactions is demanded.
    Auth: ch. 6, 38 Stat. 251-275; Title 12 U.S.C. §411, §95a(2).


    Any better or more precise/concise thoughts on how the maker can remove any remaining ambiguity restrict the transacting and payment of their check/draft to "lawful money" of the United States and keep their business affairs on the U.S. Treasury side of the house?
    Last edited by American_National; 07-05-16 at 04:36 AM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •