-Caveat Lector- This guy lives in the Asheville area. I bought some of his CD's and have them available for $35, postpaid. ($10 discount). He has successfully removed himself as a "TAXPAYER" from IRS computer records, and indicated by FOIA request/responses included on the CD. A large part of the rationale is indicated below. Dave Hartley <[EMAIL PROTECTED]> http://www.Asheville-Computer.com http://www.Asheville-Computer.com/dave ---------------------------------------------------------------------------- ---- XXXXX XXXX, ) Affiant ) ) vs. ) Reg. Mail #:________________________ ) YYYY YYYY, Internal Revenue Agent ) Internal Revenue Service ) Department of the Treasury ) Respondent ) DECLARATION OF CLASSIFICATION COMES NOW, Affiant XXXXX XXXX, by Special Appearance, who does hereby certify, record and state the following: 1. The Internal Revenue Service is an Administrative Agency of the United States Government; and 2. The Internal Revenue Service must apply standards validly setup by the United States Legislature; and 3. The Internal Revenue Service must act within the authority and not beyond the standards established by the Legislature; and 4. The Internal Revenue Service proceedings must satisfy the pertinent demands of the due process; and 5. The Internal Revenue Service proceedings must comply with the legal requirements which fix the province of the agency and govern its actions; and 6. The Internal Revenue Code is prima facie law or Administrative Law as it has never been written into �positive law;� and 7. In order for the Internal Revenue Service to apply an Administrative Law to me, I must be engaged in an activity or have conditions which attaches a liability to me; and 8. I have neither engaged in an activity nor have I subjected myself to any conditions that attach a liability to me; and 9. The United States system of taxation is based upon voluntary compliance and self-assessment; and 10. I have never knowingly and willfully volunteered to participate in this United States system of taxation; and 11. Therefore, my �classification� should reflect that I am not a taxpayer under these terms. DISCUSSION 1. Dealing with activities admittedly within its regulatory power, the Congress [legislature] established the Commission [agency] as its instrumentality to provide continuous and expert supervision and to exercise the administrative judgment essential in applying **legislative standards** to a host of instances. These standards the Congress [legislature] prescribed. The powers of the Commission [agency] were defined, and definition is limitation. All agencies are under strict definition of standards and policies which are limitations. 2. Generally, language of the Internal Revenue Code, just as language of any other statute, is to be given its ordinary meaning, and, in absence of a definition of a word in the Internal Revenue Code, or its use in a context which shows that word is to be given a special meaning, resort is to be had to ordinary meaning of word. 26 U.S.C. Section 7701, Footnote 3. And, since the word �voluntary� does not appear specifically defined by statute, you must resort to its ordinary meaning as found on page 1575 of the Sixth Edition of Black�s Law Dictionary. Unconstrained by interference; unimpelled by another�s influence; spontaneous; acting of oneself. I do not now, nor have I ever incurred, with full knowledge and consent, a tax liability by voluntarily entered into the Internal Revenue �system of voluntary compliance;� and 3. I do not earn an �income� (profits or gains derived from capital, labor or both combined) as defined by the Corporate Excise Tax Act of 909. �income under the amendment was a �gain, a profit, something of exchangeable value proceeding from the property, severed from the capital however invested or employed, and coming in, being �derived�, that is, received or drawn by the recipient [the taxpayer] for his separate use, benefit, and disposal.. Senate Document Number 170; and 4. I earn an �ordinary income� from without the United States. Ordinary Income defined 26 U.S.C. Section 64 provides that � �ordinary income� includes any gain from the sale or exchange of property which is neither a capital asset nor property described in 1231(b). Property is defined under the law as any right protected by government. My liberty is My property. LIBERTY. 1. Freedom. Exemption from extraneous control. The power of the will, in its moral freedom, to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without restraint, coercion, or control from other persons. Booth v. Illinois, 184 U.S. 425 I am at liberty to labor and My labor, like My name, is My property which is neither a capital asset nor property described in 1231(b); and 5. While I labor to earn an �ordinary income,� I also incur an equal �ordinary loss� which includes any loss from the sale or exchange of property which is not a capital asset. 26 U.S.C. Section 65 Ordinary Loss defined. An �ordinary loss� occurs when I am dispossessed of any property from which a gain occurs in Section 64, (as shown in 3 above). The value of the property loss is determined by the fair market value of the property, or in other words what is paid for the property at the time of sale. Thus, when I am paid for My labor (My property) the value of My labor is established at the amount I am paid for My labor. Hence, I incur an ordinary income of �x� and sustain and ordinary loss of �x� resulting in a profit or gain of zero; and 6. I do not earn a �gross income� as defined at 26 U.S.C., Section 61. Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items: (See Item 2 above for the legal definition of �Income�), as �Gross Income� means all �income;� and 7. I am not an "employee" as defined at 26 U.S.C. Section 3401 (19) (c). For purposes of this chapter, the term �employee� includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term �employee� also includes an officer of a corporation; and 8. I do not earn "wages" as defined at 26 U.S.C. Section 3401(a) ��wages� mean all remuneration for services performed by an employee�(See Item 6 above as employee is defined to be a federal worker and thus wages means all money paid to a federal worker);and 9. I do not work for an "employer" as defined at 26 U.S.C. Section 3401 (19) (d) ��employer� means the person for whom an individual performs or performed services, of whatever nature, as the employee of such person�(An employer is an agency that hires employees (federal workers), as discussed supra; and 10. Under present law, a lien for Federal taxes arises when a taxpayer�s liability is assessed. �.. The assessment is made when the unpaid tax liability is entered on the appropriate records of the Internal Revenue Service � which occurs, in the case of a taxpayer who voluntarily shows the tax liability on his return, shortly after the time the return is filed. The Federal Tax Lien Act of 1966; (emphasis added) and 11. Notice 609 states: �Our legal right to ask for information is Internal Revenue Code sections 6001, 6011, and 6012(a) and their regulations. They say that you must file a return or statement with us for any tax you are liable for.� (emphasis added) As stated supra I do not have any tax liability; and 12. The Office of Management and Budget must approve every form the Internal Revenue Service uses for information gathering purposes and each form approved must reflect the OMB number assigned. 26 CFR Section 602.101; and 13. The Office of Management and Budget has never approved Form 1040 for information gathering purposes with respect to Title 26 CFR Section 1.1-1 Income tax on individuals DETERMINATION OF TAX LIABILITY as Form 1040 bears OMB number 1545-0074. The only form approved by the OMB for 26 CFR Section 1.1-1 Income tax on individuals DETERMINATION OF TAX LIABILITY is OMB No. 1545-0067 otherwise titled, Form 2555, Foreign Earned Income; and 14. It is a crime punishable by law for a Revenue Agent to use any threats in an attempt to collect any tax that is not owed. 26 U.S.C. Section 7214. Offenses by officers and employees of the United States (a) Unlawful acts of revenue officers or agents, - Any officer of employee of the United States acting in connection with any revenue law of the United States- (1) who is guilty of any extortion or willful oppression under color of law; or (2) who knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation, or reward, except as by law prescribed, for the performance of any duty; or (3) who with intent to defeat the application of any provision of this title fails to perform any of the duties of his office or employment; or� shall be dismissed from office or discharged from employment and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. The court may in its discretion award out of the fine so imposed an amount, not in excess of one-half thereof, for the use of the informer, if any, who shall be ascertained by the judgment against the said officer or employee for the amount of damages sustained in favor of the party injured, to be collected by execution; and . DECLARATION OF EXEMPTION Affiant does hereby certify and publish that I am none of the following: a A citizen or resident or married to a citizen or resident of the United States, Washington D.C., any enclave, territory, or insular possession of the United States, as those terms are used in the 14th Amendment of the U.S. Constitution, the Internal Revenue Code of 1986, or the United States Code of Federal Regulations; or b. An immigrant to America; or c. A naturalized citizen of the United States; or d. A person who is subject to the jurisdiction of the United States Federal Corporation; or e. A person held in service or otherwise in any position of villeinage; or f. A natural resource or other form of property of the United States; or g. A taxpayer, in the system of voluntary compliance under these terms; or h. A person indebted to any outstanding obligations to the United States; or i. An employee, officer or agent of the United States or any State; or j. A fiduciary agent of a nonresident alien; or k. A person engaged in, or receiving income from any trade or business subject to regulation by the United States, or l. A citizen of the United States who is living abroad and receiving a foreign earned income; or m. A person with an Internal Revenue Account; or n. An officer of a Federal or State Chartered Corporation; or o. An individual who has a tax liability. p. A person with a Social Security Account or Number; or q. A knowing, willing, and intentional volunteer into either the Social Security System or the Internal Revenue System; or r. A registered voter; or s. An Individual who has knowingly and willfully forfeited My inalienable Rights. t. An Individual currently under any State or Federal Indictments. The �Doctrine of Laches,� is based upon the maxim that equity aids the vigilant and not those who slumber on their rights. Under the �Doctrine of Laches,� your neglect to refute My assertions operates as a bar at equity. Wooded Shores Property Owners Assn, Inc. v Mathews, 37 Ill.App.3d 334, 335 N.E.2d 186, 189; and I, XXXXX XXXX, Affiant, do hereby solemnly aver, that I have read the foregoing Affidavit/Declaration, and know the contents thereof; and that the same is true of My own knowledge, except as to the matters which are therein stated on My information and belief, and as to those matters, I believe them to be true. This Affidavit/Declaration is prepared, sent, and submitted for the additional purpose of amending and correcting My records in possession of, or maintained by, any governmental authority, which is inconsistent herewith, in accordance with 5 USC Section 552(a), and I demand that any government employee, agent, representative, or official to whom this Affidavit/Declaration is directed shall state any rebuttal, opposition or challenge to the foregoing declarations on a point by point basis within 30 days of receipt hereof, or he shall be estopped so to do by the �Equitable Doctrine of Laches.� Sealed by the voluntary act of My Own Hand on this _____Day of August, AD, 1998. I have the Honor of being A Member of the Sovereign Body known and described, in the Constitution for the United States of America, as We the People. ____________________________________ XXXXX XXXX, Jure divino State of North Carolina County of Buncombe On this ____ day of _______________, 1998, before Me, a Notary Public in and for the State of North Carolina, personally appeared XXXXX XXXX, , known to Me to be the individual whose name is subscribed to the foregoing Affidavit/Declaration, and acknowledged to Me that He executed the same for the purposes and considerations therein expressed and in the capacities therein stated. ____________________________________ Notary Public Buncombe County, North Carolina My Commission Expires:_____________________ DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
