Substance of the R4C

[David Merrill]

I have been thinking of different ways to explain the power behind the Refusal for Cause process.

One way to understand it is through the Circuit Court justices who handled Bob SHULTZ's revealing appeal, as I call it. Read this page carefully:

There it is clear that with great pain the justices have overturned forty years of precedent by revealing that a summons from the IRS holds absolutely no authority whatsoever. I have an example or two where levies and garnishments too were resisted by banks and employers so that the IRS in the name USA would file for a court ordered rendition of the same. They would get it and proceed.

However if one is redeeming lawful money then I doubt that the judge would sign off on it or that the IRS attorneys would even bother trying to get him to.

[David Merrill]

I glanced through the Meads v. Meads treatise on Organized Pseudolegal Commercial Arguments. I found it revealing that there is no mention about "refusal for cause" and "refused for cause". There is only one instance of "lawful money" and it is without any context in the US Fed Act.

[BAMAJiPS]

David, I am fascinated by this R4C. Are you saying to set up an evidence repository in the federal courthouse... NOW? before any inkling of action from the IRS or other commercial courts?

I can't even comprehend how you learned all this. The scope is vast. Where do you study or learn all of these techniques? I read until my eyes feel like they're going to bleed - hours each day and cant seem to understand how you have this much knowledge.

Were you raised in it? Did you surround yourself with people of knowledge? Were you an apprentice to someone? I read your petition in US District Court of Colorado in amazement. Where do you come up with this stuff? I would honestly consider spending a year or so in apprenticeship learning these things. All I have at my disposal is the internet, which is a fine tool, but it tends to lead me in more tangents and extremely deep rabbit holes that absorb so much of my time - it's hard to focus! Do you have any suggestions on where/how to hone skills? I have yet to locate local clubs or workshops in my area to assist. Do they exist? I don't mean to sound so helpless. I suppose I am just in awe of the expansive knowledge you seem to possess.

[stoneFree]

David! Thank you for this thread. I had lost track of that fascinating bank letter. Do you happen to know what "appropriate steps" Mr. [Redacted] followed to object to the release of bank records?

[LearnTheLaw]

David! Thank you for this thread. I had lost track of that fascinating bank letter. Do you happen to know what "appropriate steps" Mr. [Redacted] followed to object to the release of bank records?

Chapter 9:
The Law of Presumption


Now, let's have a little fun with this law of presumption, as it is called. The law works both ways. This means that you can use it to your advantage as well as anyone else can. One of the most surprising and fascinating discoveries made by the freedom movement in America concerns the bank signature card. If you have a checking or savings account at a bank, you may remember being asked by the bank officer to sign your name on several documents when you opened that account. One of these documents was the bank signature card. You may have been told that the bank needed your signature in order to compare it with the signatures that would be found on the checks you write, to detect forgeries. That explanation sounded reasonable, so you signed your name on the card.

What the bank officer probably did not tell you was that you signed your name on a contract whereby you agreed to abide by all rules and regulations of the Secretary of the Treasury. You see, bank signature cards typically contain such a clause in the fine print. These rules and regulations include, but are not limited to the IRC (all 2,000 pages of it) and the Code of Federal Regulations for the IRC (all 10,000 pages of it). These rules may also include every last word of the Federal Reserve Act, another gigantic statute. Now, did the bank have all 12,000 pages of the IRC and its regulations on exhibit for you to examine upon request, before you signed the card? Your bank should be willing, at the very least, to identify clearly what rules and regulations adhere to your signature.

You are presumed to be a person who knows how to read, and who knows how to read a contract before signing your name to it. Once your signature is on the contract, the federal government is entitled to presume that you knew what you were doing when you signed this contract. Their presumption is that you entered into this contract knowingly, intentionally, and voluntarily. Why? Because your signature is on the contract. That's why. Is this presumption rebuttable? You bet it is. Here's why:

Instead of telling you that the bank needed your signature to catch forgeries, imagine that the bank officer described the signature card as follows:

Your signature on this card will create a contract relationship between you and the Secretary of the Treasury. This Secretary is not the U.S. Secretary of the Treasury, because the U.S. Treasury Department was bankrupted in the year 1933. The Treasury Department referred to on this card is a private entity which has been set up to enforce private rules and regulations. These rules and regulations have been established to discharge the bankruptcy of the federal government. Your signature on this card will be understood to mean that you are volunteering to subject yourself to a foreign jurisdiction, a municipal corporation known as the District of Columbia and its private offspring, the Federal Reserve system. You accept the benefits of limited liability offered to you by this corporation for using their commercial paper, Federal Reserve Notes, to discharge your own debts without the need for gold or silver.

By accepting these benefits, you are admitting to the waiver of all rights guaranteed to you by the Constitution for the United States of America, because that Constitution cannot impair any obligations in the contract you will enter by signing this card. Your waiver of these rights will be presumed to be voluntary and as a result of knowingly intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences, as explained by the Supreme Court in the case of Brady v. U.S. With your signature on this card, the Internal Revenue Service, a collection agency for the Federal Reserve system, will be authorized to attach levies against any and all of your account balances in order to satisfy any unpaid liabilities which the IRS determines to exist. You will waive all rights against self-incrimination. You will not be entitled to due process in federal administrative tribunals, where the U.S. Constitution cannot be invoked to protect you. Your home, papers and effects will not be secured against search and seizure. Now, please sign this card.

How does the law of presumption help you in this situation? First of all, you presumed that your signature was required, to compare it with the signatures on checks you planned to write. This was a reasonable presumption, because that's what the bank officer told you, but it is also a rebuttable presumption, because of what the fine print says. That fine print can be used to rebut, or disprove, your presumption when push comes to shove in a court of law. The federal government is entitled to presume that you knew what you were doing when you signed this contract. Well, did you? Did the bank officer explain all the terms and conditions attached thereto, as explained above? Did you read all 12,000 pages of law and regulations before deciding to sign this contract? Did you even know they existed? Was your signature on this contract a voluntary, intentional and knowingly intelligent act done with sufficient awareness of all its relevant consequences and likely circumstances? The Supreme Court has stated clearly that:

Waivers of Constitutional Rights not only must be voluntary, but must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.

[Brady v. United States, 397 U.S. 742, 748 (1970)]

Fortunately, the federal government's presumption about you is also rebuttable. Why? Because the feds are guilty of fraud, among other reasons, by not disclosing the nature of the bankruptcy which they are using to envelope the American people, like an octopus with a suction tentacle in everybody's wallet, adults and children alike. The banks became unwitting parties to this fraud because the Congress has obtained a controlling interest in the banks through the Federal Deposit Insurance Corporation and their traffic in Federal Reserve Notes and other commercial paper issued by the Federal Reserve banks, with the help of their agent, the private Treasury Department. For further details, read "Return to Constitutional Money" by Dr. Edwin Vieira, Jr., in the Supreme Law Library on the Internet.

Because this fraud can attach to bank accounts without your knowledge or consent, it is generally a good idea to notify your bank(s), in writing, that the IRS cannot inspect any of your bank records unless you have specifically authorized such inspections by executing IRS Form 6014. The IRS Printed Products Catalog describes this form as follows:

6014 42996R (Each)

Authorization ?? Access to Third Party Records for Internal Revenue Service Employees

Authorization from Taxpayer to third party for IRS employees to examine records. Re-numbered as a 4-digit form from Letter 995(DO) (7/77). Changes suggested per IRM Section 4082.1 to help secure the correct information from the third party. EX:E Tax Related Public Use

[IRS Printed Product Catalog]
[Document 7130, Rev. 6-89, p. 49]

Make explicit reference to this Form in a routine letter to your bank(s). Inform the appropriate bank officers that they must have a completed Form 6014 on file, with your authorized signature, before they can legally allow any IRS employees to examine your records. Then state, discretely, that you hereby reserve your fundamental right to withhold your authorized signature from Form 6014, because it might otherwise constitute a waiver of your 4th Amendment Rights, and no agency of government can compel you to waive any of your fundamental Rights such as those explicitly guaranteed by the 4th Amendment in the Constitution for the United States of America. (Banks are chartered by the States in which they do business, and as such they are "agencies" of State government.)

For good measure, you might also cite pertinent sections in your State Constitution, particularly where it mandates that the U.S. Constitution is the supreme Law of the Land, as it does in the California Constitution of 1879. Finally, you may wish to state that Form 6014 is not applicable to you anyway, because you are not a "Taxpayer" as that term is defined by Section 7701(a)(14) of the Internal Revenue Code. Therefore, the bank is simply not authorized to release information about you to IRS employees, period!



http://www.supremelaw.org/fedzone11/htm/chapter9.htm

[David Merrill]

David, I am fascinated by this R4C. Are you saying to set up an evidence repository in the federal courthouse... NOW? before any inkling of action from the IRS or other commercial courts?

I can't even comprehend how you learned all this. The scope is vast. Where do you study or learn all of these techniques? I read until my eyes feel like they're going to bleed - hours each day and cant seem to understand how you have this much knowledge.

Were you raised in it? Did you surround yourself with people of knowledge? Were you an apprentice to someone? I read your petition in US District Court of Colorado in amazement. Where do you come up with this stuff? I would honestly consider spending a year or so in apprenticeship learning these things. All I have at my disposal is the internet, which is a fine tool, but it tends to lead me in more tangents and extremely deep rabbit holes that absorb so much of my time - it's hard to focus! Do you have any suggestions on where/how to hone skills? I have yet to locate local clubs or workshops in my area to assist. Do they exist? I don't mean to sound so helpless. I suppose I am just in awe of the expansive knowledge you seem to possess.

That is one flattering post. I think it may be a rendition of Ochham's Razor, but it might be a Fourier Transform quirk too. The simpler conclusion is usually best and true. However it helps to be able to make out patterns in the noise. Learn Rules of Evidence first and enjoy learning. Find pleasure in grasping so many interesting items of fact that it is exactly that - noise. A technician considers a complex waveform of more than three or four frequencies "noise". This is the disruptive waveform for Swine Flu. Look at the image as you listen and see if you can find the five frequencies with your ear. [Synchronicity - BBC World News at 3:00 am MST.] When I look at Holonation images however, I can only see the inverted image - this Burning Bush looks to me like somebody punched a piece of soft clay. I wonder if that is something to be considered.

For example when thinking about baptism by water I see the political climate by knowing the history. A typical Christian I presume just accepts that since Jesus was the Son of God people would accept him marching up the King's Road on a colt as a proper coronation ceremony. Just out of the blue - divine providence! Herod the Great had three sons; Philip was in Jordan so he had no role to speak of in the Bible Story. Antipater was never King but remained Tetrarch for his reign. The King was Archelaus but he was exiled in 6 AD (adding Judea, Sumaria and Idumea to Antipater's rule) and so would have been living like a mountain man out in the sticks. Sound familiar? John the Baptist was a mountain man! So Archelaus was likely keeping a secret school - a secret society or Order and of course John was beheaded for speaking against the authority of the Tetrarch HEROD Antipas/Antipater who slew Jesus on the Cross too. So the Jordan River dunking was likely a cheap coronation, Jesus accepting the title of KING upon Archelaus' death from the (secret) Order of Archelaus as ministered by disciple John (the Baptist). At any rate, try reading that and see if it fits with my scenario in mind while you review the account.

That is an example and I know from the postings especially around here that you all have amazing minds but maybe different mathematical keys to sort and interact with a higher Creative Mind by making distinctions and dichotomies that need not exist. Separation. Mostly I perceive most people to be in identity crisis - true name and legal name. Confusion.

David! Thank you for this thread. I had lost track of that fascinating bank letter. Do you happen to know what "appropriate steps" Mr. [Redacted] followed to object to the release of bank records?

That letter happened much earlier than SHULTZ revealing appeal. I have seen how all the IRS has to do is file a $46 Miscellaneous Case jacket requesting a judicial summons to fill the bill.

[gdude]

Learnthelaw, Brilliant dissection of the signature card.....

"Your signature on this card will create a contract relationship between you and the Secretary of the Treasury. This Secretary is not the U.S. Secretary of the Treasury, because the U.S. Treasury Department was bankrupted in the year 1933. The Treasury Department referred to on this card is a private entity which has been set up to enforce private rules and regulations. These rules and regulations have been established to discharge the bankruptcy of the federal government. Your signature on this card will be understood to mean that you are volunteering to subject yourself to a foreign jurisdiction, a municipal corporation known as the District of Columbia and its private offspring, the Federal Reserve system. You accept the benefits of limited liability offered to you by this corporation for using their commercial paper, Federal Reserve Notes, to discharge your own debts without the need for gold or silver.

By accepting these benefits, you are admitting to the waiver of all rights guaranteed to you by the Constitution for the United States of America, because that Constitution cannot impair any obligations in the contract you will enter by signing this card. Your waiver of these rights will be presumed to be voluntary and as a result of knowingly intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences, as explained by the Supreme Court in the case of Brady v. U.S. With your signature on this card, the Internal Revenue Service, a collection agency for the Federal Reserve system, will be authorized to attach levies against any and all of your account balances in order to satisfy any unpaid liabilities which the IRS determines to exist. You will waive all rights against self-incrimination. You will not be entitled to due process in federal administrative tribunals, where the U.S. Constitution cannot be invoked to protect you. Your home, papers and effects will not be secured against search and seizure. Now, please sign this card."

What if you signed it and added -"All Rights Reserved" ....would this protect you further from the presumptions you discussed above?

[LearnTheLaw]

Learnthelaw, Brilliant dissection of the signature card.....

"Your signature on this card will create a contract relationship between you and the Secretary of the Treasury. This Secretary is not the U.S. Secretary of the Treasury, because the U.S. Treasury Department was bankrupted in the year 1933. The Treasury Department referred to on this card is a private entity which has been set up to enforce private rules and regulations. These rules and regulations have been established to discharge the bankruptcy of the federal government. Your signature on this card will be understood to mean that you are volunteering to subject yourself to a foreign jurisdiction, a municipal corporation known as the District of Columbia and its private offspring, the Federal Reserve system. You accept the benefits of limited liability offered to you by this corporation for using their commercial paper, Federal Reserve Notes, to discharge your own debts without the need for gold or silver.

By accepting these benefits, you are admitting to the waiver of all rights guaranteed to you by the Constitution for the United States of America, because that Constitution cannot impair any obligations in the contract you will enter by signing this card. Your waiver of these rights will be presumed to be voluntary and as a result of knowingly intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences, as explained by the Supreme Court in the case of Brady v. U.S. With your signature on this card, the Internal Revenue Service, a collection agency for the Federal Reserve system, will be authorized to attach levies against any and all of your account balances in order to satisfy any unpaid liabilities which the IRS determines to exist. You will waive all rights against self-incrimination. You will not be entitled to due process in federal administrative tribunals, where the U.S. Constitution cannot be invoked to protect you. Your home, papers and effects will not be secured against search and seizure. Now, please sign this card."

What if you signed it and added -"All Rights Reserved" ....would this protect you further from the presumptions you discussed above?

YOU must stand up and reserve your rights because nobody else is going to do it for you.


Waivers of Constitutional Rights not only must be voluntary, but must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.

[Brady v. United States, 397 U.S. 742, 748 (1970)]

[Chex]

Proof you are a legal entity file to large to upload, Page 6......Source

Where this came from is. Source

IRC SECTION 7609 provides that notices are not required in cases where:
1. the summons is served on the taxpayer, officer or employee of the taxpayer;
2. the stated purpose of a summons is to determine whether records of the business transactions or affairs of an identified person have been made or kept;
3. it is issued solely to determine the identify of a person having a numbered account with a
4. bank or institution.
5. it is issued to aid the collection of an assessed liability from the taxpayer or from a transferee or fiduciary of the taxpayer.
6. the summons is issued by CID in connection with the investigation of an offense connected with the administration or enforcement of the revenue laws.
7. John Doe summonses (A summons issued to receive information regarding an unknown person, usually applicable to tax shelters and not generally used by Employee Plans).

[LearnTheLaw]

Proof you are a legal entity file to large to upload, Page 6......Source

Where this came from is. Source

IRC SECTION 7609 provides that notices are not required in cases where:
1. the summons is served on the taxpayer, officer or employee of the taxpayer;
2. the stated purpose of a summons is to determine whether records of the business transactions or affairs of an identified person have been made or kept;
3. it is issued solely to determine the identify of a person having a numbered account with a
4. bank or institution.
5. it is issued to aid the collection of an assessed liability from the taxpayer or from a transferee or fiduciary of the taxpayer.
6. the summons is issued by CID in connection with the investigation of an offense connected with the administration or enforcement of the revenue laws.
7. John Doe summonses (A summons issued to receive information regarding an unknown person, usually applicable to tax shelters and not generally used by Employee Plans).

The information below could prove to be quite useful someday.


Chapter 10:
The Fundamental Law

<<<<<<<<<<<<<<<<<<<<<<< snip >>>>>>>>>>>>>>>>>>>>>>>

The Internal Revenue Service is well aware of these amendments to the U.S. Constitution. For example, many persons are incorrect to believe that the IRS has authority to force disclosure of private books and records. Even though the IRS may have authority to issue a summons in certain circumstances, it has absolutely no authority to compel disclosure of private books and records. This means that you must bring your books and records to an audit, if lawfully summoned to do so, but you are under no obligation to open those books and records, or to submit them to the Internal Revenue Service. As amazing as this may seem, this restraint is documented in the official IRS Tax Audit Guidelines (IR Manual MT 9900-26, 1-29-75), as follows:

242.12 Books and Records of An Individual

(1) An individual taxpayer may refuse to exhibit his books and records for examination on the ground that compelling him to do so might violate his right against self-incrimination under the Fifth Amendment and constitute an illegal search and seizure under the Fourth Amendment. However, in the absence of such claims, it is not error for a court to charge the jury that it may consider the refusal to produce books and records, in determining willfulness.

(2) The privilege against self-incrimination does not permit a taxpayer to refuse to obey a summons issued under IRC 7602 or a court order directing his appearance. He is required to appear and cannot use the Fifth Amendment as an excuse for failure to do so, although he may exercise it in connection with specific questions. He cannot refuse to bring his records, but may decline to submit them for inspection on Constitutional grounds. In the Vader case [U.S. v. Vader, 119 F.Supp. 330], the Government moved to hold a taxpayer in contempt of court for refusal to obey a court order to produce his books and records. He refused to submit them for inspection by the Government, basing his refusal on the Fifth Amendment. The court denied the motion to hold him in contempt, holding that disclosure of his assets would provide a starting point for a tax evasion case.

[emphasis added]

Note, in particular, where this IR Manual uses the phrase "in the absence of such claims". In general if you do not assert your rights, explicitly and in a timely fashion, then you can be presumed to have waived them. There's the "law of presumption" again. You can, therefore, assert your rights under the Fourth and Fifth Amendments to the Constitution, by refusing to submit your books and records for inspection, even though you cannot refuse to bring those books and records to an audit. This may seem like splitting hairs. However, if the federal government could compel your submission of books and records to IRS agents, then the federal government could compel persons to be witnesses against themselves. This would violate the Fifth Amendment. Similarly, the federal government could compel the search and seizure of books and records without a warrant issued upon probable cause and describing the place to be searched and the persons or things to be seized. This would violate the Fourth Amendment. Agencies of the federal government are constrained by law to avoid infringing upon the rights guaranteed by the Fourth and Fifth Amendments to the U.S. Constitution.

How do you assert your rights in a polite yet convincing way, so that everyone who needs to know is placed on notice that you have done so? One of the most effective ways of asserting your rights is to become totally alert to every document which bears your signature, past, present and future. Know that your signature is the touch which magically transforms common pieces of paper into commercial contracts, or "commercial agreements" as they are called in the Uniform Commercial Code. Always sign your name with the following phrase immediately above your signature on all contracts which involve bank credit or Federal Reserve Notes:

With Explicit Reservation of All My Rights
and Without Prejudice U.C.C. 1-207 [now 1-308]

A short-hand way of doing the same thing is to utilize the phrase "All Rights Reserved". This phrase appears in most published books and in film credits. The use of these phrases above your signature on any document indicates that you have exercised the "Remedy" provided for you in the Uniform Commercial Code ("UCC") in Article 1 at Section 207. This "Remedy" provides a valid legal mechanism to reserve a fundamental, common law right which you possess. Under the common law, you enjoy the right not to be compelled to perform under any contract or commercial agreement which you did not enter knowingly, intentionally and voluntarily.

Moreover, your explicit reservation of rights serves notice upon all administrative agencies of government, whether international, national, state, or local, that you do not, and will not, accept the liability associated with the "compelled" benefit of any unrevealed commercial agreements. As you now know from reading previous chapters, the federal government is famous for making presumptions about you, because your signature is on documents which bind you to "commercial agreements" with tons of unrevealed terms and conditions. Think back to the terms and conditions attached to the bank signature card, for example. An unrevealed term is proof of constructive fraud, and constructive fraud is a legal basis for cancelling any written instrument.

Last but not least, your valid reservation of rights results in preserving all your rights, and prevents the loss of any such rights by application of the concepts of waiver or estoppel. A "waiver" has occurred when you sign your name on an agreement which states that you knowingly, intentionally, and voluntarily waive one of your fundamental rights. Kiss it goodbye. As long as you are not infringing on the rights of others, only you can waive one or more of your fundamental rights. In law, "estoppel" means that a party is prevented by his own conduct from claiming a right, to the detriment of another party who was entitled to rely on such conduct and who has acted accordingly:

Estoppel is a bar or impediment which precludes allegation or denial of a certain fact or state of facts, in consequence of previous allegation or denial or conduct or admission, or in consequence of a final adjudication of the matter in a court of law.

[Black's Law Dictionary, Sixth Edition]



Read the whole section here:
http://www.supremelaw.org/fedzone11/htm/chaptr10.htm