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LOCATION OF DEBTOR
DISTRICT OF COLUMBIA
OREGON REVISED STATUTES: ORS 79.0307 [2001 c.445 §27] UCC 9-307 (Location of debtor)
(1) As used in this section, “place of business” means a place where a debtor (ULTIMATELY) conducts its affairs . . . (IN JOINT VENTURE WITH THE UNITED STATES . . . SAID UNITED STATES HAVING ITS VENUE WITHIN THE DISTRICT OF COLUMBIA.)
(2) Except as otherwise provided in this section, the following rules determine a debtor’s location: (a) A debtor who is an individual is located at the individual’s principal residence. (b) A debtor that is an organization and has only one place of business is located at its place of business. (c) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(3) Subsection (2) of this section applies only if a debtor’s residence, place of business or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a non-possessory security interest to be made generally available in a filing, recording or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (2) of this section does not apply, the debtor is located in the District of Columbia. Note that it becomes imperative, should a person, natural, constructive or otherwise, not be able to be established as residing in any specified constructive venue, the District of Columbia is designated as the controlling venue of ORIGIN. The reasoning here, lies in the fact, that the constructive party/entity/resulting trust, has its origin within the District of Columbia.
(4) A person that ceases to exist, have a residence or have a place of business continues to be located in the jurisdiction specified by subsections (2) and (3) of this section.
(5) A registered organization that is organized under the law of a state is located in that state.
(6) Except as otherwise provided in subsection (9) of this section, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located: (a) In the state that the law of the United States designates, if the law designates a state of location; (b) In the state that the registered organization, branch or agency designates, if the law of the United States authorizes the registered organization, branch or agency to designate its state of location; or (c) In the District of Columbia, if neither paragraph (a) nor paragraph (b) of this subsection applies.
(7) A registered organization continues to be located in the jurisdiction specified by subsection (5) or (6) of this section notwithstanding: (a) The suspension, revocation, forfeiture or lapse of the registered organization’s status as such in its jurisdiction of organization; or (b) The dissolution, winding up or cancellation of the existence of the registered organization.
8)The United States is located in the District of Columbia. Note: The United States is located in the District of Columbia . . . the District of Columbia is not in the United States!
(9) A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.
(10) A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
(11) This section applies only for purposes of ORS 79.0301 to 79. 0342 [2001 c.445 §27]
Uniform Commercial Code Article 9
Chapter 55 New Mexico Statutes – Article 9
NOTICE: Information served herein is for educational purposes only, no liability assumed for use. The information you obtain in this presentation is not, nor is it intended to be, legal advice. Author does not consent to unlawful action. Author advocates and encourages one and all to adhere to, support and defend all law which is particularly applicable. If anything in this presentation is found to be in error a good faith effort will be made to correct it in timely fashion upon notification. VOID where prohibited by law.
HOW TO STOP EMPLOYERS FROM WITHHOLDING INCOME TAXES
Internal Revenue Code §7700 section of the code seem to be circular, and some important terms are not actually defined in the current editions of the Code.
As a SPC, Sovereign of one of the 50 states and a non-Governmental employee, YOU ARE not legally liable for the 26 USC (A) §1 graduated income tax.
The truth is that there is no safety in life, that "security" is an illusion, and that we lose our souls in the search for it Indeed, the most secure people I know are those who know their rights, who have discovered their personal power, and who are prepared to stand upon both.
a "Commercial Affidavit" asserting Sovereignty at local county courthouse and with Secretary of State, file a W-8 form (Certificate of Foreign Status), a "Statement in Lieu of W-4" and other forms documenting exempt status with employer.
SUMMARY LETTER TO PERSUADE EMPLOYER TO STOP WITHHOLDING
[Note: This summary letter is not a "stand-alone" letter. Anyone using it should be sure to attach to it their affidavits and all other legal citations, so that their position cannot be dismissed as "frivolous." This letter is an "executive summary" which explains the essence of the matter, so that the recipient does not have to plow through 20 pages of dense legal argumentation to understand it. This letter worked for me and I offer it to others who may need it.]
[Your name]
[your address]
[Date]
[Your company's name]
[company's address]
Subject: Summary of Legal Arguments Regarding Withholding Status
To whom it may concern,
The purpose of this letter is to summarize and explain, as concisely as I can, the legal arguments supporting my claim to be exempt from the 26 USC Subtitle A §1 graduated income tax. Attached to this letter are all of the case law and statutory citations needed to substantiate my claims. My argument can be reduced to the following:
* The 26 USC Subtitle A, §1 graduated income tax applies only to Federal employees and residents of Federal enclaves.
* The Sixteenth Amendment gave Congress no new power of taxation. Further, the U.S. Supreme Court has repeatedly defined "income" as gain severed from capital.
The "enclosed letter" and the Affidavit of Authority and Indemnity also enclosed a copy of Commercial Affidavit, a two-page summary legal arguments, and a six-page Memorandum of Facts, Points of Law and Authorities, providing ample documentation of legal position.
Three days later, GENERAL RESPONSE IS RECEIVED VIA letter from company's Legal Department:
"Dear 'YOUR NAME,'
"Re: IRS Withholding Exemption Certificate" Please be advised that in accordance with Internal Revenue Code Regulation Section 31.3402(n)-1 (YOUR EMPLOYER) will not deduct and withhold any tax under Chapter 24 of the Code from your wages as requested by you pursuant to your Withholding Exemption Certificate dated July 24, 1994. You should also be aware that, as required by IRC Regulation Section 31.3402(f)(2)-1(g), ( YOUR EMPLOYER) will forward to the Internal Revenue Service your Withholding Exemption Certificate together with a copy of all written statements received by (YOUR EMPLOYER) from you in support of the claims made by you on the certificate.
"If you have any questions regarding this matter, you may contact our office at (###) ###-####. Thank you.
"Sincerely,
'John Doe,'
Associate General Counsel"
As the letter stated, corporations must routinely send Withholding Exemption Certificates to the IRS on a quarterly basis along with their Form 941 reports. Therefore, study the law and be thoroughly prepared before you act!
Following Through
To further secure legal position, I have obtained opinion letters from attorneys and CPAs supporting my status as a non-taxpayer. In addition, I have taken the prudent steps of protecting my assets from illegal seizure.
I applied, to the IRS, for a refund of my last three years' income taxes via 1040X returns. I received all my money back! In the same envelope, I also served the IRS with a true copy of my Commercial Affidavit and my legal Memorandum.
Words of Art
As you may know, a statute must contain definitions of important words and terms; otherwise, it is "void for vagueness." In a statute, a word means precisely what the statute says that it means. A word, in a statute, can have a meaning very different from the "plain English," common-sense meaning of the same word. In legal parlance, such specially defined words are called "words of art." In the attached documentation, I list many of the "words of art" used in the Internal Revenue Code. Suffice it to say here, that if words like "state," "individual," etc. meant in Title 26 what they mean in ordinary English, the whole statute would be blatantly unconstitutional. Title 26 is constitutional, because these terms have been redefined as "words of art," so as not to run afoul of the Constitution and case law. Most of these definitions are contained in Title 26 itself, but some are contained in previous editions of the Internal Revenue Code, or in other Titles (Titles 4 and 5 being prominent examples).
Another thing to remember is that the word "include," in statutory construction, means only those things referred to, unless the words "including, but not limited to" are used.
Federal jurisdiction
As we will remember from our civics classes, the Constitution gave Congress exclusive, absolute jurisdiction over Federal territories, including Washington, D.C. The U.S. Supreme Court has ruled that Congress is not bound by the Constitution when legislating for these areas (see Hooven v. Evatt 324 U.S. 674). What many of us do not realize is that, by signing 1040 forms and Social Security applications, we unwittingly declare ourselves "Federal citizens" subject to the untrammeled authority of Congress. Since nobody told us this when we signed these documents, we may, at common law, legally rescind all such signatures on grounds of constructive fraud and non-disclosure of pertinent facts. I have done so in my Affidavit.
Also, if you enter a plea in Federal Court, you are placing yourself under the jurisdiction of that court, whether you really belong there or not.
Because of the way "words of art" are defined in Title 26, anyone not living in Washington, D.C. or a Federal territory or enclave is a "foreign person" and a "non-immigrant, non-resident alien" for purposes of the Title. This does not mean that one was born in another country, or lives abroad. It means that one is not a "Federal citizen." After all, the states are "foreign" to one another and to the Federal government (see Black's Law Dictionary). That is why I filed a W-8 form with you. That is also why I filed a statement "In Lieu of W-4." The W-4 is the wrong form for non-Federal citizens, and the IRS will impose a $500 fine upon those who use it to claim EXEMPT status.
The 16th Amendment
Doubtless, you were also taught in your government-controlled schools that the 16th Amendment gave Congress the power to lay a direct, unapportioned tax upon compensation for labor. That is dead wrong. I am sorry to have to attack well-established belief systems, but the facts "are what they are." The U.S. Supreme Court has repeatedly ruled that the 16th Amendment conferred no such power. After all, the 16th Amendment did not specifically repeal the original taxing clauses of the Constitution, and the Constitution cannot contradict itself! Therefore, the Court has ruled that the Amendment was simply a "perfecting" amendment (see Brushaber v. Union Pacific Railroad Co. 240 U.S. 1). Further, the Court has also repeatedly ruled that compensation for labor in the 50 states is property upon which an "excise tax" cannot be imposed (see Eisner v. Macomber 252 U.S. 189).
Once again, none of these rulings apply within Federal territories. To repeat: the 26 USC (A) §1 graduated income tax is constitutional because it is limited to "Federal citizens" and "Federal areas" where Congress is not bound by the Constitution and may legislate as it pleases.
"State" vs. state
Just as there are two "United States," so there are two of every state. The Buck Act (incorporated in Title 4 USC) redefined "the States" as "words of art" to include (only) Federal enclaves within the 50 states, legally ceded by the state legislatures to the Government. So, when the Internal Revenue Code says that such-and-such a provision applies to "all the States," it is right! What most people don't realize is that this does not mean North Carolina, California, etc. -- it means "Federal enclaves within the 50 states."
Conclusion
If you are somewhat confused after reading this for the first time, do not feel bad. Confusion is the normal response to new information that challenges one's fundamental view of reality. Yes, I know; my arguments directly contradict everything you were ever taught. The largest obstacle is not legal but psychological. However, in law, FACT and TRUTH are sovereign, and, in the end, all opposition (legal, psychological or otherwise) must yield to their resistless sway.
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