Friday, June 1, 2012

Declaration of Citizenship, Domicile and Tax Status

Verified Declaration of Citizenship,
Domicile, and Tax Status
in the Nature of an Affidavit

I, Jane-Quinn: Doe, a living soul, over 21 years of age, being competent to testify and having first hand knowledge of the facts herein, declare under penalty of perjury from without the “United States” in accordance with 28 U.S.C. §1746(1) that the information provided in this document is true, correct and complete to the best of my understanding.


I am a Constitutional but NOT a statutory citizen, a “national” but NOT a “citizen” under federal law pursuant to 8 U.S.C. §101(a)(21) and 8 U.S.C. §1452.

I was born in a state of the Union and am a “nonresident” per 26 U.S.C. §7701(b)(1)(B) but NOT an “alien” per 26 U.S.C. §7701(b)(1)(A) nor “individual” per 26 CFR §1.1441-1(c)(3).

I am NOT a “U.S. citizen” as statutorily defined pursuant to 26 U.S.C. §7701(a)(30).

I am a “Stateless Person” per Newman-Green v. Alfonso Larrain, 490 U.S. 826 (1989).

I have Constitutional diversity of citizenship pursuant to U.S. Const. Art lll. Section 2, but NOT statutory diversity pursuant to 28 U.S.C. §1332.

Domicile and Residence:

I presently reside in a nonfederal area within the de jure state of the Union of New Mexico which is NOT part of the “State” as defined in 26 U.S.C. §7701(a)(10), 4 U.S.C. §110(d), or 28 U.S.C. §1332(d) nor of the “United States”.

I DO NOT reside in a federal district nor have an income from sources within the “United States” which is defined as the District of Columbia, per 26 U.S.C. §7701(a)(9).

I am a nonresident alien with no “income” or earnings from “sources within the United States” under 26 U.S.C. §87, therefore I can have no tax liability.

Federal Franchises:

I am a private person NOT a Federal “employee” as defined in 26 U.S.C. §3401(c) and 26 CFR §31.340(c)-1, neither am I a public officer, government agent, benefit recipient or federal contractor.

The Internal Revenue Code, Subtitle A describes “trade or business” as a franchise/excise tax, also called “income tax”, and defines “trade or business” pursuant to 26 U.S.C. §7701(a)(26) as “the function of public office” in the government. Those such as myself not so engaged are considered a “foreign estate” pursuant to 26 U.S.C. §7701(a)(31).

I DO NOT now nor have I ever accepted a government “benefit”, therefore I have not waived my constitutional rights pursuant to Great Falls Manufacturing Co. v. Attorney General 124 U.S. 581, 8 S.Ct. 631, 31 L.Ed 528.

Any past use of government identifying numbers was done under compulsion and duress. Social Security numbers are “public property” belonging to the government per 20 CFR §422.103(d). Only public officers on official business may use public property, which I am NOT.

Tax Withholding Legal Requirements:

As a Nontaxpayer I am NOT subject to 1099 reporting, withholding, or backup withholding pursuant to 26 U.S.C. §3401(a)(6) or 26 CFR §31.3401(a)(6)-1(b).

The personal earnings of nonresident aliens not engaged in a “trade or business” as legally defined are excluded from “wages” per 26 U.S.C. §3401(a)(6) and 26 U.S.C. §3401(a)(11) and therefore MAY NOT lawfully become the subject of federal income tax withholdings.

The earnings in question DO NOT constitute “income” and therefore CAN NOT be the subject of any tax or withholding or reporting within the IRC, where “income” as defined in 26 U.S.C. §643(b)(1)(B) is limited to ONLY the earnings of a trust or estate. (“When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred.” [Black's Law Dictionary, Sixth Edition, p. 581])

I am NOT representing a domestic trust or estate. My earnings and my entire estate instead are a “foreign estate” pursuant to 26 U.S.C. §7701(a)(31).

Earnings of nonresident aliens working for foreign employers such as private corporations DO NOT have earnings associated with a “trade or business in the United States” per 26 U.S.C. §864(b)(1)(A).

Remuneration of nonresident aliens outside the “United States” territory (District of Columbia) does NOT constitute “gross income” per 26 CFR §1.872-2(f), 26 CFR §1.871-1(a), and 26 U.S.C. §861(a)(3)(C)(i), and is NOT subject to taxation per 26 CFR §31.3401(a)(6)-1(b).

The federal government has NO legislative power outside of it's “territory”. “ state or nation can by its laws directly affect or bind property out of its own territory, or bind persons not resident therein, whether they are natural born subjects or others.” [Baltimore & Ohio Railroad Co. v. Chambers, 73 Ohio St. 16; 76 N.E. 91; 11 L.R.A., N.S., 1012 (1905)]

Tax Reporting Legal Requirements:

IRS Publication 515 indicates that nonresident alien individuals who submit IRS form W-8BEN are exempt from backup withholding and Form 1099 reporting. This document serves as the equivalent of IRS Form W-8BEN since the IRS no longer provides this form for those who are “nonresident aliens” but who are NOT “individuals”, “persons”, or “taxpayers”.

It is unlawful to connect my private property to public property without my consent, and no third party can convey that consent on my behalf per 18 U.S.C. §654.

26 U.S.C. §7434 makes it a civil tort to file false information returns against a person who is not in deed and in fact engaged in a “public office” or “trade or business” as required by 26 U.S.C. §6041. The penalty for violation of this code is all attorney fees plus twice the false amount reported.

Any information returns and/or collection attempts made by revenue officers against nontaxpayers are illegal and unlawful and in violation of 26 U.S.C. §7214.

Government recipients of this communication are hereby legally notified that any and all information returns filed or submitted on my behalf, such as a Form 1099, are fraudulent and not endorsed by me. Since you have now been notified that they are false, you are required to cease and desist filing any illegal reports and/or correct any false reports that may already have been filed.

Tax Status:

I assert and maintain my status as that of “Nontaxpayer” as confirmed by the IRS since June 5, 2009. (See enclosed Certified Declaration of Dishonor and Default.)

I am NOT a “taxpayer” as defined in 26 U.S.C. §7701(a)(14) and 26 U.S.C. §1313, and therefore not subject to the revenue laws.

I WILL NOT be compelled to participate in the federal “trade or business” franchise nor will I voluntarily contract with the government by changing my status to be anything other than that described herein.

Pursuant to the Declaratory Judgments Act, 28 U.S.C. §2201(a) and the federal courts, the recipient of this form and any government agent handling this case have NO authority to assume any tax status other than that indicated on this form or to convert this innocent “nontaxpayer” into a “taxpayer”.

Revenue laws pertain to taxpayers and not to nontaxpayers. ... No procedures are prescribed for nontaxpayers and no attempt is made to annul any nontaxpayers Rights or Remedies in due course of law. With them (nontaxpayers) Congress does not assume to deal and they are neither of the subject nor of the object of federal revenue laws.” [Economy Plumbing & Heating v. U.S., 470 F2d.585 (1972)].

If you disagree with any of the factual statements provided in this document, you must rebut the government codes and legal sites upon which they are based. If you fail to rebut these statements within 30-days (by June 16, 2010) you will be held in default and estoppel to challenge them later, and you agree that these factual statements stand as permanent truth from this time forward.

Your rebuttal must be in the form of an affidavit, signed under penalty of perjury as required by the Federal Rules of Evidence and 26 U.S.C. §6065. Unsubstantiated and frivolous arguments without merit will not suffice.

Further, Affiant sayeth naught.

Dated: May 17, 2010
By: Jane-Quinn: Doe, Authorized Representative for JANE Q DOE
Address: PO Box 12345, Big City, NM 98765

State of New Mexico
County of Arriba

On this, the _____ day of _________________, 2010, before me, a notary public, the undersigned officer, personally appeared _______________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that s/he executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.


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