Appendix V: Affidavit of Applicable Law

 
 
        Certified U.S. Mail #P xxx xxx xxx 
        Dated:  mm/dd/yy 
 
        John Q. Doe 
        c/o USPS Post Office Box [##] 
        San Rafael, California Republic 
        united States of America 
        ZIP code exempt (DMM 122.32) 
 
 
 
                           AFFIDAVIT OF APPLICABLE LAW 
 
                        AND DENIAL OF SPECIFIC LIABILITY 
 
                            FOR FEDERAL INCOME TAXES 
 
                       DURING CALENDAR YEARS 199_ AND 199_ 
 
 
 
        CALIFORNIA STATE/REPUBLIC   ) 
                                    ) 
        MARIN COUNTY                ) 
 
 
                                    PREAMBLE 
 
 
             The undersigned Affiant, John Q. Doe, is of majority age and 
        of sound  mind, and has researched the laws as stated herein, and 
        is competent  to testify  as to his personal knowledge and belief 
        of the truth of all the following: 
 
 
             1.   That, during  calendar years 199_ and 199_, the Affiant 
        was a Sovereign Citizen of the California Republic, which was one 
        of the States of the Union of several States;  that, as such, his 
        birth and  declared political  status placed  him in the class of 
        natural born  Persons who were non-immigrant "nonresident aliens" 
        with respect  to the  "United States" as those terms were defined 
        by  the  Internal  Revenue  Code  (hereinafter  "IRC"),  Sections 
        865(g)(1)(B), 7701(b)(1)(B), 7701(a)(9) and 7701(a)(10); 
 
             2.   That  Congress,   acting  in  its  municipal  capacity, 
        enacted IRC  Subchapter N  of Chapter 1, in order to separate the 
        50 Union  States from  the "United  States" (i.e. the District of 
        Columbia and its Territories, Possessions and Enclaves); 
 
             3.   That a cursory examination of said Subchapter N reveals 
        that all "gross income" received from sources within the 50 Union 
        States was  defined as  "Income From  Sources Without  the United 
        States" (IRC  Section 862);  that all income derived from sources 
        within the  District of  Columbia (i.e.  the "United States"), or 
        "effectively connected  with a  United States trade or business", 
        was income from sources within the "United States"; 
 
             4.   That everyone  who inhabited  the 50  Union States, who 
        was neither  a "citizen  of the  United States"  nor a  "resident 
        alien", was by definition a "nonresident alien", as that term was 
        defined at IRC 7701(b)(1)(B) (see Treasury Decision 2313); 
 
             5.   That the  Affiant was  not a  "resident alien", as that 
        term was defined at IRC 7701(b)(1)(A), because he did not satisfy 
        the substantial  presence test,  because he  was  never  lawfully 
        admitted for permanent residence, and because he did not elect to 
        be treated as a "resident"; 
 
             6.   That all  compensation received  by the Affiant for his 
        labor during  calendar years  199_  and  199_  was  from  sources 
        without, and  not effectively connected with, the "United States" 
        (i.e. the  District of Columbia, its Territories, Possessions and 
        Enclaves); 
 
             7.   That Black's Law Dictionary, Sixth Edition, defined the 
        term "United  States" to  mean  "...  the  territory  over  which 
        sovereignty of United States extends ...."; 
 
             8.   That Citizens  of one  of the several Union States were 
        those who  were born or naturalized within the "freely associated 
        compact states" (i.e. 50 Union States), as that term was utilized 
        by Congress at 28 U.S.C. Section 297, as lawfully amended; 
 
             9.   That "United  States citizens"  were those  persons who 
        were citizens  of the District of Columbia and resident any place 
        in the  world,  and  those  people  who  were  residents  of  any 
        territory  which   was  subject   to  the  exclusive  legislative 
        jurisdiction  of   the  "United   States",  which   included  the 
        Territories, Possessions,  Enclaves and  the Federal  States (see 
        Title 4  U.S.C., Chapter  4, Section  110(d), for a definition of 
        "Federal States"); 
 
             10.  That, for  purposes of  the IRC,  Subtitle A  -- Income 
        Taxes, Congress  created a "word of art" definition for the terms 
        "State" and  "United States";   said  terms were  defined at  IRC 
        Sections 7701(a)(9) and 7701(a)(10) as follows: 
 
 
             (9)  United States. -- The term "United States" when used in 
                  a geographical  sense includes  only the States and the 
                  District of Columbia. 
 
 
             (10) State. --  The  term  "State"  shall  be  construed  to 
                  include  the   District   of   Columbia,   where   such 
                  construction is  necessary to  carry out  provisions of 
                  this title. 
 
             11.  That Congress imposed a Tax on Petroleum at IRC Section 
        4611, and  used a different "word of art" definition for the term 
        "United States"  in that Section;   said "word of art" definition 
        was found at IRC 4612(a)(4)(A), to wit: 
 
             (4)  United States. -- 
 
             (A)   In General.  -- The  term "United States" means the 50 
                  States, the  District of  Columbia, the Commonwealth of 
                  Puerto Rico,  any possession  of the United States, the 
                  Commonwealth of  the Northern  Mariana Islands, and the 
                  Trust Territory of the Pacific Islands. 
 
             12.  That Congress  excluded the  50 Union  States from  the 
        definition of  "United States",  for purposes  of Subtitle A, and 
        defined all "income" from these 50 States as "Income From Sources 
        Without the United States", at IRC Section 862; 
 
             13.  That Congress stated at IRC Section 864(c)(4)(A) that: 
 
             ... no income, gain, or loss from sources without the United 
             States shall  be treated  as effectively  connected with the 
             conduct of a trade or business within the United States. 
 
             14.  That, during  calendar years 199_ and 199_, the Affiant 
        was neither  a "citizen  of the  United  States"  nor  was  he  a 
        "resident"  or  inhabitant  of  the  "United  States",  i.e.  the 
        District of  Columbia, its  Territories, Possessions, Enclaves or 
        Federal States, as those terms were defined supra; 
 
             15.  That all  compensation received  by the  Affiant during 
        calendar years 199_ and 199_ consisted of "compensation for labor 
        or personal  services performed  without the  United States",  as 
        that term was utilized by Congress at IRC Section 862(a)(3); 
 
             16.  That  Congress   treated  "compensation  for  labor  or 
        personal services  performed without the United States" as income 
        from sources without the United States, at IRC Section 862(a)(3); 
 
             17.  That IRC Section 864 "Definitions" stated: 
 
             (b)  Trade or  Business within  the United  States.  --  For 
                  purposes of this part, part II, and chapter 3, the term 
                  "trade or  business within  the United States" includes 
                  the performance  of personal services within the United 
                  States at any time within the taxable year ... 
 
             (c)(4) Income from sources without the United States. -- 
 
             (A)  ... no  income, gain,  or loss from sources without the 
                  United States shall be treated as effectively connected 
                  with the  conduct of  a trade  or business  within  the 
                  United States. 
                                                         [emphasis added] 
 
             18.  That the word "certain" was defined as: 
 
             Certain.   Ascertained; precise; identified; settled; exact; 
             definitive; clearly  known; unambiguous; or, in law, capable 
             of being  identified or  made known,  without  liability  to 
             mistake or  ambiguity, from  data already  given. Free  from 
             doubt. 
                                  [Black's Law Dictionary, Sixth Edition] 
                                                   [emphasis in original] 
 
             19.  That page  46 of the 1991 IRS Instructional Booklet for 
        Form 1040 stated that "certain earned income" was "NONTAXABLE"; 
 
             20.  That, in  general, Congress  defined the  term  "earned 
        income" to  mean "wages,  salaries, or  professional fees ..." at 
        IRC Section 911(d)(2)(A); 
 
             21.  That Congress  excluded from  taxation certain  "earned 
        income", as that term was defined at IRC Section 911(d)(2)(A); 
 
             22.  That there  were two  (2) classes of citizenship within 
        the United  States of  America, as  fully explained  by the  U.S. 
        Supreme Court in the following cases: 
 
             There is  in our political system a government of the United 
             States and a government of each of the several states.  Each 
             of these  governments is  distinct from the others, and each 
             has citizens  of its  own, who  owe it allegiance, and whose 
             rights, within its jurisdiction, it must protect. 
 
                   [U.S. vs Cruikshank, 92 U.S. 542, 23 L.Ed. 588 (1875)] 
                                                         [emphasis added] 
 
             It is  quite clear, then, that there is a citizenship of the 
             United States  and a  citizenship  of  a  State,  which  are 
             distinct from  each other  and which  depend upon  different 
             characteristics or circumstances in the individual. 
 
                           [Slaughter House Cases, 83 U.S. 36 (page 408)] 
                                       [16 Wall. 36, 21 L.Ed. 394 (1873)] 
                                                         [emphasis added] 
 
             23.  That the Affiant did not ever knowingly, intentionally, 
        or voluntarily  enter into any agreement, or contract, to be made 
        partially liable for the federal debt, nor did he ever "elect" to 
        be treated  as a  "resident" of the United States under 26 C.F.R. 
        part 5h and IRC Sections 6013(g) & (h), by the signing Forms 1040 
        or any other related "United States" forms, and therefore none of 
        the Affiant's earnings can be taxed under the provisions of "Debt 
        Management for the Federal Debt" at 7 C.F.R. Part 3; 
 
             24.  That the  Affiant did  not voluntarily agree to use the 
        federal obligations  of the  "United States", as those terms were 
        defined at  18 U.S.C.  8;  that, if any such unknown contract was 
        entered into, it was by means of deception and the withholding of 
        pertinent and  material facts, which deception and withholding of 
        pertinent and material facts constitute constructive fraud by the 
        federal government  and are,  therefore, null  and void ab initio 
        under all forms of law. 
 
             I hereby  certify, under  penalty of perjury, under the laws 
        of the  United States  of America,  without the  "United States", 
        that the  foregoing is true and correct in fact and in substance, 
        to the  best of my current information, knowledge and belief, per 
        28 U.S.C. 1746(1). 
 
        Further This Affiant saith not. 
 
        Subscribed, sealed and affirmed to this ______ day of __________, 
        199_ Anno Domini. 
 
        I now affix my own signature to all of the above affirmations: 
 
 
 
        _________________________________________________________________ 
        John Q. Doe, Citizen/Principal, by special Appearance, in Propria 
        Persona, proceeding Sui Juris, with Assistance, Special. 
 
                                   John Q. Doe 
                          c/o USPS Post Office Box [##] 
                         San Rafael, California Republic 
                          ZIP code exempt (DMM 122.32) 
 
 
                     California All-Purpose Acknowledgement 
 
        CALIFORNIA STATE/REPUBLIC       ) 
                                        ) 
        COUNTY OF MARIN                 ) 
 
             On the  ________ day  of  ____________,  199_  Anno  Domini, 
        before me personally appeared John Q. Doe, personally known to me 
        (or proved to me on the basis of satisfactory evidence) to be the 
        Person whose  name is  subscribed to  the within  instrument  and 
        acknowledged to  me that  he executed  the same in His authorized 
        capacity, and  that by  His  signature  on  this  instrument  the 
        Person, or  the entity  upon behalf  of which  the Person  acted, 
        executed the  instrument.    Purpose  of  Notary  Public  is  for 
        identification only,  and  not  for  entrance  into  any  foreign 
        jurisdiction. 
 
        WITNESS my hand and official seal. 
 
 
 
        _____________________________________ 
        Notary Public 
 
 
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