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www.taxstatement.com/The Question is???
"Who must File a Tax Return and Pay Taxes and who can submit a Statement"? According to Federal law (Title 26 U.S.C. and the Salary Act of 1939), the only people required by law to file a return and pay taxes are government employees!
Who are government employees? Government employees are those in the military, firefighters, police, schoolteachers, school bus drivers, and postal workers (anyone who gets their check from any government agency-Federal, State, County, Township, Borough, etc.). Also included is anyone who owns a business that sells alcohol, tobacco, or firearms, and also anyone who is receiving Social Security or any other payments from a government or an agency of government.
The Question to you is, "Did you receive your written invitation from the IRS to be exempt from State & Federal taxes (both present & future)"? This written invitation is sent to every working person in the United States. This year, the Federal law that allows you to be exempt from State & Federal Taxes is found on page 54 of the 1999 1040 Tax Booklet, paragraph 3. "Click here" to see that invitation. It is a description of the Privacy Act (see a copy of this on the next page). The Privacy Act states that you must file a return or Statement. Notice the word 'must. You must do one or the other, that's the law. This law is also stated very clearly in the Internal Revenue Code, Section 6011, a part of which follows. Please note that this is not an issue of semantics, as there are three choices named in the title line at top (return, statement, or list).
GENERAL REQUIREMENTS OF RETURN, STATEMENT, OR LIST Sec. 6011 (a) 1. GENERAL RULE. - When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or Statement according to the forms and regulations prescribed by the Secretary. Every person required to make a return or Statement shall include therein the information required by such forms or regulations. Department of the Treasury Internal Revenue Service Notice 609 (Revised October 1986)
What is the Tax Statement, and what can it do for me?
"12 Important Points"
The Income Tax Statement is a 47 Page Document (including the exhibits).
The Statement is so powerful that the IRS has never challenged it in 15 years of use. In saying this, we mean that the IRS has not rebutted the statement itself or any section of the 47 page document in a courtroom.
The Statement changes your status from 'taxpayer' to 'non-filer'. Since the income tax applies to earned income only, your tax-exempt status applies to the earned income from your IRA, 401k plan, and capital gains from the sale of property.
For W-2 Wage earners, withholding is stopped by simply changing line 7 on your W-4 form (but don't do this without the Income Tax Statement, as it could lead to problems!)
The Statement nullifies all adhesion contracts. These contracts obligate you by law to file a return and pay taxes. There is an adhesion contract stemming from your Form 1040, your driver's license, and your Social Security number. When you submit the Income Tax Statement, it legally explains to the IRS that you are now a non-filer and are not required to pay State and Federal income tax or report an income from any source.
You will not lose your driver's license or Social Security number (due to the Statement).
Business owners and 1099 filers will be exempt from 'quarterly estimate' filings and 'end of year' returns.
It will release you from the contractual obligation to file a 1040 tax return for previous tax years in which you failed to file a 1040 tax return. If the IRS sends you a notice asking why you did not file a 1040 tax return, this will answer that question.
The Statement releases you from any adhesion-contract obligation to any debt that the IRS is claiming you owe, an important foundation to further action.
The Statement protects you from being classified as a tax protester.
Your Statement is submitted every year in order to nullify all new (implied) adhesion contracts that could be re-attached every year (but never from April 15-30). This is the only reason you submit the tax Statement each year. Buy it once, use it year after year!
The Statement includes a 60-day 'Notice of Default', allowing the IRS a reasonable amount of time to challenge your assertion. The IRS has never lawfully challenged anyone within that 60-day period in 15 years!
Many IGP entrepreneurs have used the Statement to enjoy the benefits listed above. See some of their expressions in the " Testimonials from Customers" click here.
This is not to be construed as legal advice. Seek the advice of an Attorney if you should require legal consultation.
1. Q: Am I legally obligated to file a 1040 tax return even though some say I am not? A: Yes. Because of implied adhesion contracts that you entered into involuntary and unknowingly when you got your drivers license, social security card, birth certificate, etc., you are contractually obligated to file a return or statement. In fact, the last 1040 you signed contractually obligated you to file a 1040 the next year. 2. Q: Does the Statement release me from this contractual obligation? A: Yes. And since the government reattaches new adhesion contacts yearly, most customers resubmit a Statement yearly. 3. Q: Why doesn't my CPA or Accountant know about this? A: CPA's and Accountants are only educated and trained to file returns. Law and licensing boards do not require them to learn about Statements; hence they only specialize in returns. 4. Q: Why does the Statement include the UCC-1 portion? A: The UCC-1 portion is used because you, the real person (not the fiction) submit the Statement. The UCC-1 will be used to legally establish your true identity, to make a distinction between you (the real person), and the fiction (your name in all capital letters). It also lets the IRS know that you are knowledgeable of 1) the Redemption process and 2) the strength of an affidavit statement. (So the UCC-1 portion adds an extra layer of protection to an already powerful document.) Not only does this package meet the Federal regulations (establishing your status as a tax-exempt non-filer), it takes you to the jurisdiction of the laws that govern the government-The Uniform Commercial Code. 5. Q: If I submit a Statement instead of filing a return, won't this raise a "Red Flag?" A: The Statement is in compliance with the Federal Law. Therefore you are not "targeted." However many people who file returns are targeted every year. 6. Q: My spouse is not interested. Can I submit the Statement without my spouse doing the same? A: Yes. Your spouse may continue to file a "Return" and you may submit a "Statement." Each individual has that choice. However, only the income is reported from the person filing a return. The income from the person submitting the Statement is not reportable. 7. Q: Can I submit a Statement even if I am a federal employee, because some say I have the right? A: No. The Statement document does not nullify a government employee contract. You would be subject to legal repercussions, since you are required by Federal regulations to file a return if you are a Government employee (Please check eligibility requirements at the beginning of this site under "Who are government employees?"). 8. Q: Can I get back money that I paid to the IRS from previous 1040 returns, since I was supposed to be exempt and some programs out there say that they can do that? A: No. You will still request a refund of any money withheld during the previous year, but it is very rare that anyone actually gets a refund, because you voluntarily gave it to the IRS and they already have your money. You were eligible for the benefits at that time and you paid the price. It is over and done. Remember, this is a non-confrontational program. That is why you will only be requesting (not demanding) a refund. Don't underestimate the power of the IRS. Don't put them in a position that makes them feel "forced into anything." It could cause repercussions. Just stay within the guidelines that they allow, and everyone wins (except them maybe, which is a matter of opinion since they have been winning up to this point unfairly). Be content to be virtually tax-exempt from this point forward, and don't look back. 9. Q: Should a legal alien obtain a Statement? A: No. You could, but it is not recommended, because this package is non-confrontational, and the contract signed between the alien & the government (as a condition of having legal alien status) can conflict with the Statement, which would make it confrontational. 10. Q: When I file exempt, what taxes do they stop withholding? A: State & Federal taxes. However, Social Security and Medicare taxes will usually still be withheld. The employer may require that you continue to pay this and/or YOU may request verbally to your employer that you continue to have this benefit if you wish. However, when you become eligible for benefits at a later date, acceptance of those benefits will make you ineligible for the Income Tax Statement, so prepare for your retirement while you are tax-exempt! 11. Q: If I am a business owner, will the Statement benefit me? A: Yes. How does no quarterly estimated filing or end of the year return sound to you? You must first restructure all of your employees as independent contractors that take care of their own taxes. (There is a company that we can introduce you to that can help restructure all of your employees for you). If the business is a corporation (or S-corporation), you must structure it as a sole proprietorship or a partnership. These changes can benefit both you and your employees by greatly increasing the profits of your business! 12. Q: I've got a tax dispute for a past year. Can I submit a Statement for that year even though I originally filed a return? A: Yes. The statement nullifies the adhesion contracts and amends the return by replacing it, releasing a person to the debt to that tax year in question. 13. Q: When is the best time to submit the Statement? A: (a) It is best to submit the statement between January 1 and April 14. (b) If you have not filed in the past, and have inquiries from and/or problems with the IRS, now is the time to send the Income Tax Statement for those particular years in question. You must send in a statement for every year that is being questioned about from the IRS. (c) For people who have not filed in the past, and don’t have inquiries or problems, Do not submit the statement! Purchase your statement right away because this is your insurance policy. Normally, the statute of limitations (for the IRS to come after you) is 10 years, however, if the IRS believes there was intent to commit fraud, there is no statute of limitations. You would print out a signature page for all the years you did not file, sign and date it, and put it in with your important documents. Since the Statement is one price regardless of the number of years you utilize it, you could prepare a Statement for as many years as you wish, all the way back to the time you first signed a 1040 (provided you were not a government employee during any of those years). Hence, if the IRS should ever come calling, you will have a response for them showing that there was no intent to commit fraud, because you will have in your possession a signed and dated copy of the Income Tax Statement (you must print out the rest of the statement at that time), regardless of what years are questioned. (d) For people that have always filed a tax return but missed the April 15th deadline, you can submit your statement late (but not April 15 - April30). Since you will not be liable for the tax, there will be no penalty or interest for submitting it late. 14. Q: If I don't plan to submit it until next year, is there any urgency to purchase the Statement now? A: Yes. If you want to be tax exempt legally, that is! Even though it appears according to the 16th amendment that there is no law to substantiate the paying of taxes, we still owe them. This is caused because of implied contracts that we have entered into unknowingly with the drivers license, SS# etc. The value of the Statement is that it nullifies all these adhesion contracts. The Statement package provides you with a revised W4 form and shows you how to fill it out to stop state and federal withholding. This revised form avoids the adhesion contract created by the perjury statement above your signature. If you are a W2 wage earner and you just enter "exempt" on line 7 of your W-4 form (without the statement) you are claiming to be tax-exempt, and your employer may stop state and federal withholding, but this is only a temporary, conditional step. The Tax Statement is your legal justification that proves your tax-exempt status to both your employer and/or the IRS. If you do not have this document to back up your claim, the IRS could charge that you are not tax exempt, and order withholding of the highest magnitude! The Statement is your insurance/protection policy. If you play with fire (change your status without a Statement to back it up) you are bound to get burned, so don't procrastinate on this one. Order your Tax Statement now if you qualify! 15. Q: So if I have a current tax problem and they say I owe them money for this year and or any other previous years, then I submit a Statement in response to their letters? A: Yes. You must submit a statement and, at the end of 60 days, send in your notice of default to release you from the contractual obligation to the debt. 16. Q: So whatever my tax problem is, I must submit a statement, is that correct? A: Yes. But only submit the Statement for the tax years that you are being questioned about. However, if your tax problem is Criminal (i.e. tax evasion) the Tax Statement CANNOT help you. 17. Q: Will all my past and/or present tax problems disappear immediately if I submit the tax statement? A: NO! This is an administrative procedure that will take time to complete. The amount of time depends on the severity and number of years involved and you must be determined to follow the procedure through to the end. 18. Q: If an IRS agent is already handling my case, and I submit the Statement to address past and/or present tax problems, will the Income Tax Statement create additional problems? A: No. An IRS agent may implement liens, levies, judgments or garnishment of wages regardless of any action (though usually it’s a lack of action on your part). If you submit a Statement and then receive a notice of lien or levy, it means that the action was probably already in motion. The administrative process of the Income Tax Statement takes time to implement and is handled in a completely different division of the IRS. The Collections Department and the District Director’s office could be going about their normal business without knowing what the other has received or put into action. There are people who claim that they have expertise to remove liens, levies, judgments or garnishment of wages. However, without the Income Tax Statement nullifying the contractual obligations to the debt, the removal of these liens, levies or judgments would be temporary. You must nullify all contractual obligations to these debts first so the removal of the liens, levies or judgments is permanent.
THE PURPOSE AND PLAN OF THE TAX STATEMENT THE Purpose: It is the purpose of the Affidavit Statement (together with the associated documents and actions) to use the "self-help remedy" procedures permitted by the common law and required by the Federal Administrative Procedures Act of "Notice, Grace and Response" to accomplish the following:
1) Fulfill the alleged requirement to make an annual filing of a "U.S. Individual Income Tax Return - IRS Form 1040" by the alternative filing of a "Statement" as specifically permitted and demanded by Internal Revenue Code Section 6011 (See Exhibit A of Affidavit Statement). The documents and procedures do not create a traverse or admission of the jurisdiction of the IRS to legally require such a filing, and do not create or imply waiver of any rights, remedies, privileges or immunities.
2) Legally avoid any valid basis for a Federal charge of willful failure to file an "U.S. Individual Income Tax Return - IRS Form 1040" for the year period cited in the Affidavit Statement by the specifically permitted alternative filing of a "Statement" instead.
3) For all the multiple reasons contained in the Affidavit Statement, establish a legal basis for a claim of zero tax liability for Federal Individual Income Tax, Federal Social Security Employee Tax, Federal Social Security Self-Employment Tax, and Federal Medicare Tax for the year period cited in the Affidavit Statement.
4) Establish a legal basis for ignoring and declaring void ab initio (from the beginning) the falsely alleged contract consent status of so-called "adhesion contracts" which falsely purport to create identification of the Affiant as a Federal "Taxpayer." Such false identification is then falsely used to make Affiant one of those "made liable for any tax [U.S. Individual Income Tax]" per IRC Sec. 6011. Such status has also been falsely used to allege admission (volunteering) of taxpayer status. It is claimed to be implied by signing at any time any "IRS W-4 Form," "IRS 1040 Form," or any other IRS forms and reports, or any other government forms and reports, such as Driver's License Application, Voter Registration Application, Passport Application, Bank Account Application, Airline Ticket purchase, Professional License Application, Sales Tax License Application, Loan Application, or other document. The Affidavit Statement declares and testifies that all such documents (so-called "adhesion contracts") were made either inadvertently by mistake or by necessity in response to threat, duress and coercion for one or more of the following causes:
a) Constructive fraud that was perpetrated against the Affiant, which fraud mistakenly convinced the Affiant that such Statements and acts were necessary to comply with law, statutes or regulations to which the Affiant is allegedly subject;
b) Threat, duress and coercion under force that were and continue to be perpetrated against the Affiant, which have caused the Affiant and continue to cause the Affiant by necessity to submit to making such Statements and acts to avoid being prevented and disturbed from freely exercising Affiant's unalienable common right to earn a living by engaging in gainful labor;
c) Threat, duress and coercion under force that were and continue to be perpetrated against the Affiant, which have caused the Affiant and continue to cause the Affiant by necessity to submit to making such Statements and acts to avoid being prevented and disturbed from freely exercising Affiant's unalienable common right to earn a living by traveling upon the public easements and highways, upon common carriers, or to travel to foreign countries from time to time to engage in gainful labor;
d) Threat, duress and coercion under force that were and continue to be perpetrated against the Affiant, which have caused the Affiant and continue to cause the Affiant by necessity to submit to making such Statements and acts to avoid being prevented and disturbed from freely exercising Affiant's unalienable common right to earn a living by engaging a bank to provide financial services necessary to compete equally with others in the common marketplace;
e) Concealment by artifice and lack of full disclosure of a want of a certain defined benefit, uncertain things being held for nothing at law, and therefore in want of a consideration sufficient to support a simple contract.
The Affidavit Statement further declares that all said so-called "adhesion contracts," statements, or acts are thereby rescinded, revoked and declared void ab initio in reliance upon the established legal doctrine that fraud vitiates (makes null and void) all contracts ab initio; that threat, duress and coercion by force vitiates (makes null and void) all contracts ab initio; and that want of a consideration sufficient to support a simple contract vitiates (makes null and void) all contracts ab initio. If all such contracts have been made void, then Affiant is no longer one of those "made liable for any tax [U.S. Individual Income Tax]" per IRC Sec. 6011. This does not void Affiant's Social Security, Driver's License, Passport, etc.; it merely voids any claim that Affiant has waived his unalienable rights.
5) Avoid any legal basis for the IRS and the Federal courts to ignore the submitting of the Affidavit Statement in lieu of an "IRS Form 1040" by choosing and using a procedure permitted both by the common law and by the Federal Administrative Procedures Act of "Notice, Grace and Response." The procedure is intended to make void the so-called "adhesion contracts" that are used to imply that the Affiant has "volunteered" to be a "taxpayer" of Federal Individual Income Tax, even though the Affiant is not a member of the class of people who are legally liable to pay such tax by operation of positive law.
THE PLAN: The basic plan is to use permitted "self-help" administrative procedures to void any valid claim of "willful failure to file an income tax return" and to void any claim of liability to pay "Individual Income Tax."
1. In every legal dispute, one side is considered to have the "presumption of truth" and the other side is considered to have the "burden of proof." If a person is accused of a crime, it is presumed that he is innocent until the accuser proves that he is guilty of the crime.
2. In contract law, the presumption of truth is that every contract that is entered into by signature on a contract (or implied by certain acts of admission) is done knowingly and willingly for an exchange of fair consideration between the contracting parties. Consequently, any contract is presumed to be valid, unless and until, it is proven to be void. Some few persons (limited mainly to actual Federal employees in the public sector and certain foreigners such as those "engaged in a trade or business within the United States") are required to pay Federal Individual Income Tax by operation of statutory law. However, the branch of law that creates a presumption of liability for most people (those in the private sector domiciled in one of the states of the Union) to file and pay "Income Tax," is not statutory law, but contract law. The contracts used to create this (false) presumption are little known, and are called "adhesion contracts." Few, if any, people enter into a so-called "adhesion contract" knowingly, willingly and for an exchange of fair consideration. Consequently, such "adhesion contracts" are not bona fide contracts and are able to be legally voided at the instigation of the victim party. After the "adhesion contracts" are made void, they can no longer make Affiant one of those "made liable for any tax [U.S. Individual Income Tax]" per IRC Sec. 6011.
3. The reason such "adhesion contracts" can be voided by unilateral action of the victim party is that any contract that was not entered into knowingly, or willingly, or for an exchange of fair consideration between the contracting parties, whether by signature or by implicating act, is a "voidable" contract. A "voidable" contract may be vigorously enforced as though it was real until it has been actually made void by corrective action of the victim party. Administrative procedures and common law both allow such corrective action without resort to a court, a lawsuit or a lawyer. Such procedures are called "self-help remedy" procedures in the Federal Administrative Procedures Act.
4. A "voidable" contract is not actually void until the victim party delivers a notice presenting the legal basis for voiding the contract and giving the other party a reasonable period of time ["grace"] to rebut ["response"] the claimed legal basis for voiding the contract. If there is no valid rebuttal within a reasonable period of time, then the contract may he declared actually void ab initio (from the beginning). [60 (sixty) days after the Notice of Affidavit Statement is delivered, a Notice of Default is filed]
5. Briefly, the procedure specifically permitted by law and Federal regulations is the key to the effectiveness of the Affidavit Statement. The procedure works because, by sworn Statement, it denies the false presumptions used to create a false claim of taxpayer liability and shifts the burden of proof to the adverse party (the IRS). The IRS cannot prove that such taxpayer liability exists because it does not exist for people in the private sector, as was shown above. The procedure principally consists of an annual action of 3 parts (plus additional steps to verify and register proof) as follows:
1) Sending a notice (the Affidavit Statement):
a) Declaring the legal basis for claiming zero taxes owed and also starting the process of voiding the "adhesion contracts;"
b) Which notice contains facts, Statements, claims, laws and conclusions of law in the form of a sworn Statement to the party (the IRS):
i. Who has claimed a (false) presumption (that Affiant is a taxpayer liable to make annual filings, make self-assessments of taxes due, and declare himself by sworn Statement to be a debtor to the IRS until the tax is paid); and
ii. Who has made a (false) demand (that Affiant must comply by making an annual filing or face possible Federal charges and collection actions) based on that (false) presumption;
c) Declaring in said notice (Affidavit Statement) to the IRS a grace period of a reasonable time (60 days) for:
i. Response to the notice which would rebut (controvert) the facts, Statements, claims, laws and conclusions of law contained in the notice; and
ii. Which response must meet Affiant's legal demands for conformance to laws governing such a response to avoid a frivolous response, a commercial dishonor or an invalid response.
2) Receiving a response, if any (highly unlikely), from said party (IRS) that proves that any fact, Statement, claim, law or conclusion of law contained in the Affidavit Statement is false or untrue, without constituting a frivolous response, a commercial dishonor or an invalid response (considered legally and practically impossible if Affidavit Statement is correct and true). If such response were ever actually sent, a notice (from you) showing it to be as a frivolous response, a commercial dishonor or an invalid response would have to be sent. We include such a letter in your package (“Notice of Refusal for Fraud”).
3) Sending a notice to said party (IRS) after the grace period (60 days) for response has expired without valid response, declaring, in part, that:
a) "Respondent was given the opportunity to rebut the facts, Statements, claims, laws and conclusions of law made in the Affidavit Statement by delivering and recording a controverting affidavit...and by Respondent's failure to answer with said controverting affidavit, Respondent is therefore in default..."; and
b) "...said default shall be hereafter effective against Respondent since Respondent has waived the right to answer within a reasonable time with said Controverting Affidavit and, by acquiescence, tacit admission and failure to contest under the doctrine of "Estoppel by Acquiescence," Respondent has forfeited Respondent's due process opportunity to contest the truth of the facts, Statements, claims, laws and conclusions of law made in said Affidavit Statement and has consequently affirmed said facts, Statements, claims, laws and conclusions of law."
When all these steps have been completed (1-2 hours each year), all due process opportunity of the IRS to dispute or make charges against the Affiant regarding the filing or paying of a "U.S. Individual Income Tax" for a one year period has been satisfied, and completely settled between the Affiant and IRS, in accordance with specifically permitted law and regulation.
Here are some actual excerpts from the Tax Statement: This is the beginning of the Statement:
"I, John Adam Doe, Affiant, declare and testify:
That this Affiant Statement is being made and presented involuntarily by Affiant to Respondent [IRS District Director & Treasury Secretary] in response to, and in rebuttal of, (a) presentments made by Respondent to Affiant by direct correspondence or publication; (b) demands made by Respondent upon Affiant by direct correspondence or publication; (c) false allegations made by Respondent to Affiant and other people in similar circumstances to Affiant; all the foregoing as set forth further herein, and in further response to, and in rebuttal of, presumptions implied by the Internal Revenue Code ("IRC") Section 6011 General Requirements of Return, Statement, or List ("Sect. 6011") (See Exhibit A, a courtesy copy of same, attached hereto and made a part hereof), cited in Internal Revenue Service ("IRS") Notice 609 Privacy Act and Paperwork Reduction Act Notice ("Notice 609") (See Exhibit B a courtesy copy of same, attached hereto and made a part hereof), and further;"
This ESTABLISHES THAT YOU ARE NOT A GOVERNMENT EMPLOYEE
"That I was not and continue to remain not an "employee" nor "personnel" under a contract of employment for personal services with the "United States" or any "public regulated utility" as "employer" as the foregoing quoted terms are specifically defined and used pursuant to the "Public Salary Act of 1939" which is Exhibit C, attached hereto and made a part hereof, Title 26 United States Code ("U.S.C."), Internal Revenue Code, and Title 26 Code of Federal Regulations ("C.F.R."), and as the term "include" is legally defined as a word of limitation in the context of the said quoted terms in Black's Law Dictionary, Sixth Edition, p. 763, and further;"
These PARTs deal with jurisdiction
"That Title 26 U.S.C. is in want of a notice that it has been enacted into positive law, which want constitutes a constructive notice by omission that it is not a positive law applicable to all of the people in our organized jural society of the U.S.A. but is, rather, a special law applicable under particular conditions to particular persons as per the common law maxim, "One of two opposites being affirmed, the other is denied." (3 Rolle's English King's Bench Reports, 422), and further,"
"That I was born "within" the outer borders and jurisdiction of the compact state of (Name of state) state republic, one of the compact states of the United States of America on… and further;"
"That I was not and continue to remain not domiciled expressly "within" the outer borders and jurisdiction of (1) District of Columbia; (2) a Federal Enclave within one of the compact states; or (3) any Federal Territory or possession administered under the exclusive legislative jurisdiction of the United States Congress, and further’.
The "Statement" fulfills the requirement of the Internal Revenue Code. It must be submitted every year. It nullifies adhesion contracts (both written and implied) that occur in every contract with the United States. It does not waive any right or claim, and it reclaims all rights. The Statement is a declaration of your status as a free, sovereign individual and includes references to many court cases and federal laws to verify your position.
-- Anonymous, January 08, 2001