1. resident citizen
2. resident alien
3. nonresident citizen
4. nonresident alien
As a body of law, the Internal Revenue Code (IRC)
and its regulations together require all "citizens" and all "residents"
of the United States** to pay taxes on their worldwide incomes.
This requirement applies to three of the four cases shown above,
namely, resident citizens, resident aliens and nonresident
citizens. In the fourth case, nonresident aliens only pay tax on
income which is effectively connected with a U.S.** trade or
business, and on income from sources within the U.S.** (like
Frank Brushaber's dividend). Their tax liability is succinctly
summarized by the Code itself. Note how the relevant Code
section utilizes the phrase "includes only" as follows:
General Rule. -- In the case of a nonresident alien
individual, except where the context clearly indicates
otherwise, gross income includes only -- [!!]
(1) gross income which is derived from sources within the
United States** and which is not effectively connected
with the conduct of a trade or business within the
United States**, and
(2) gross income which is effectively connected with the
conduct of a trade or business within the United
States**.
[IRC 872(a), emphasis added]
This may sound all well and good, in theory. How does it
work in practice? With so many words to document the recipe for
pudding, how does the pudding taste? Two case histories provide
the necessary proof.
Case 1
Figure 1 shows a letter which an American Citizen sent to the District Director of the Internal Revenue Service in Ogden, Utah. This letter was prepared in response to an unsigned letter from the IRS, requesting that he file a 1040 Form.
December 5, 1990 District Director Internal Revenue Service Ogden, Utah 84201Re: NRA SSN #___-__-____
On or about December 1, 1990, I received an unsigned document claiming that you have not received the tax return 1040, and requesting that the form 1040 be filed. I have enclosed a copy of that request. I know of no such code that requires me to file a "tax return 1040". If you know of such a code, please identify that code for me.
I have enclosed a copy of the letter that I have sent to the Director of the Foreign Operations District, concerning this matter.
In researching the revenue code book which your people kindly supplied to me, I discovered that only an "individual" is required to file a tax return (26 USC 6012) and then only under certain circumstances. In looking at Section 7701(a)(1) of the code, I discovered that the term "individual" is defined as a "person". Then, in checking under 7701(a)(30), I discovered the definition of a "United States person" as meaning a "citizen of the United States", "resident of the United States", "domestic corporation", "domestic partnership" and a "domestic trust or estate". There is no INDIVIDUAL defined under 7701(a)(30) and therefore I cannot be an "individual" within the meaning of 7701(a)(1) and/or 26 USC 6012.
As well, the Supreme Court in the case of Wills vs Michigan State Police, 105 L.Ed.2d 45 (1989) made it perfectly clear that I, the sovereign, cannot be named in any statute as merely a "person", or "any person". I am a member of the "sovereignty" as defined in Yick Wo vs Hopkins, 118 U.S. 356 and the Dred Scott case, 60 U.S. 393.
Therefore and until you can prove otherwise, I am not a "taxpayer", nor an "individual" that is required to file a tax return. Please forward to me a letter stating that I am not liable for this tax return, or produce the documentation that requires me to file the "requested" tax return.
If you have any questions concerning this letter, you may write to me at the address shown below. Please sign all papers so that I know who I am dealing with. Until such a time as I hear from you or your office, I will take the position that I am no longer liable for filing the return. Failure to respond will be taken as meaning that you have "acquiesced" and that, from this date forward, the doctrine of "estoppel by acquiescence" will prevail.
Sincerely,
/s/ NRA
Figure 1: Letter to District Director
Person. -- The term "person" shall be construed to mean and
include an individual, a trust, estate, partnership,
association, company or corporation.
[IRC 7701(a)(1)]
The IRC defines "United States** person" as follows:
United States** person. -- The term "United States** person"
means --
(A) a citizen or resident of the United States**,
(B) a domestic partnership,
(C) a domestic corporation, and
(D) any estate or trust (other than a foreign estate or
foreign trust, within the meaning of Section
7701(a)(31)).
[IRC 7701(a)(30)]
Again, note the use of the key words "citizen", "resident",
"domestic", and "foreign" which have been highlighted for
emphasis. These key words relate directly to The Matrix. The
key words "domestic" and "foreign" relate directly to the
boundaries of the federal zone, that is, the "United States**" as
that term is defined in relevant sections of the
United States Codes (USC). A domestic corporation is one which was chartered
inside the federal zone. A foreign estate or foreign trust are
foreign because they were established outside the federal zone.
Without making these statements in so many words, our intrepid
American's letter in Figure 1 can be used to draw the following
inferences about his status with respect to the exclusive
legislative jurisdiction of the "United States**":
1. He is a sovereign as defined by the Supreme Court
2. He is not a citizen of the United States**
3. He is not a resident of the United States**
4. He is not a domestic corporation
5. He is not a domestic partnership
6. He is not a domestic estate and
7. He is not a domestic trust
There is one important thing his letter did not state
explicitly about him, and that is his status as a nonresident
alien. Nevertheless, this inference can, in turn, be drawn from
two of the above inferences: (2) he is not a citizen of the
United States** and (3) he is not a resident of the United
States**. As a human being, he is not an artificial "person"
like a corporation, partnership, estate, or trust. If he is not
a citizen of the United States**, then he is an alien. If he is
not a resident of the United States**, then he is a nonresident.
Therefore, he is a nonresident alien, according to the statute
and its regulations.
Now, let's take the pudding out of the oven and see how it tastes. After taking some time to review his letter, the IRS addressed the following response to our intrepid American:
Department of the Treasury
Internal Revenue Service
Ogden, UT 84201
In reply refer to: 9999999999
June 27, 1991 LTR 2358C
___-__-____ 8909 05 0000
Input Op: 9999999999 07150
To: NRA
Address
City, State Zip
Taxpayer Identification Number : ___-__-____
Tax Form : 1040
Tax Period : Sep. 30, 1989
Correspondence Received Date : June 13, 1991
Dear Taxpayer:
Based on our information, you are no longer liable for
filing this tax return. We may contact you in the future if
issues arise that need clarification. You do not need to
reply to this letter.
Sincerely yours,
/s/ J. M. Wood
Chief, Collection Branch
It would have been interesting to see what kind of response NRA would have received if he had stated explicitly his status as a nonresident alien. Based on what we know already about the law and its regulations, such an explicit statement might have expedited the processing of his letter. But hindsight is always 20/20. Fortunately, we do have another example where an American Citizen did just that, in response to a similar IRS request for a 1040 form. The following is the text of the IRS request:
Department of the Treasury
Internal Revenue Service
Ogden, UT 94201
Date of this Notice: 08-19-91
Taxpayer Identification: (ssn)
Form: 1040
Tax Periods: 12-31-89
To: ARN
Your tax return is overdue -- Contact us immediately
We still have not received your tax return, Form 1040 U.S.
Individual Income Tax Return, for the year ending 12-31-89.
We must resolve this matter. Contact us immediately, or we
may take the following action:
1. Summon you to come in with your books and records
as provided by Sections 7602 and 7603 of the
Internal Revenue Code;
2. Criminal prosecution that includes a fine,
imprisonment, or both, for persons who willfully
fail to file a tax return or provide tax
information (Code Section 7203).
To prevent these actions, file your tax return today and
attach your payment for any tax due. Even if you can't pay
the entire amount of tax you owe now, it is important that
you file your tax return today. Pay as much as you can and
tell us when you will pay the rest. We may be able to
arrange for you to pay in installments. Detach and enclose
the form below with your return. To expedite processing,
use the enclosed envelope.
If you are not required to file or have previously filed,
please contact us at the phone number shown above.
[unsigned]
Form 4685 41890S (Each)
News Clipping Mounting Guide
This guide sheet is used for mounting news clippings
for submittal to the National Office.
C:PA:L Internal Use
Now, our second intrepid American, coded with the initials
ARN (Non Resident Alien abbreviated backwards) also took it upon
himself to respond in writing. This time, however, he wrote the
following words right on the IRS letter and sent it back to them,
certified mail, return receipt requested, on September 13, 1991:
PLEASE BE ADVISED that ARN is a non-resident alien of the
United States**, never having lived, worked, nor having
income from any source within the District of Columbia,
Puerto Rico, Virgin Islands, Guam, American Samoa or any
other Territory within the United States**, which entity has
its origin and jurisdiction from Article 1, Section 8,
Clause 17 of the U.S. Constitution. Therefore, he is a non-
taxpayer outside of the venue and jurisdiction of 26 U.S.C.
English Philosopher William of Occam (1300-1349) put it succinctly when he said:
"The simplest solution is the best."
Contrast this, the simplest of statements, with the dictionary definition of "Occam's razor", as it is called:
Occam's razor n [William of Ockham]: a scientific and
philosophic rule that entities should not be multiplied
unnecessarily which is interpreted as requiring that the
simplest of competing theories be preferred to the more
complex or that explanations of unknown phenomena be sought
first in terms of known quantities.
[Webster's New Collegiate Dictionary]
[G. & C. Merriam Co.]
[Springfield, Mass. 1981]
I wonder if the people who write for G. & C. Merriam Company also
obtain supplementary compensation for services performed inside
the exclusive legislative jurisdiction of the federal democracy
of the United States** (i.e., moonlight in the federal zone).
Exactly two weeks later, ARN received the following letter from J. M. Wood, signed with "hand writing" that lines up perfectly with the same signature received by NRA. Could it have been a computer signature?
Department of the Treasury
Internal Revenue Service
Ogden, UT 84201
In reply refer to: 9999999999
Sep. 30, 1991 LTR 2358C
___-__-____ 8902 30 000
Input Op: 9999999999 07150
To: ARN
Address
City, State Zip
Taxpayer Identification Number : ___-__-____
Tax Form : 1040
Tax Period : Dec. 31, 1989
Correspondence Received Date : Sep. 16, 1991
Dear Taxpayer:
Based on our information, you are no longer liable for
filing a tax return for this period. If other issues arise,
we may need to contact you in the future. You do not need
to reply to this letter.
Sincerely yours,
/s/ J. M. Wood
Chief, Collection Branch
To give you some idea just how far we need to elevate the importance of status and jurisdiction, consider the following lengthy quotes from the written work of author, attorney at law and constitutional expert Jeffrey A. Dickstein. These quotes were buried deep among the footnotes at the end of chapters in his brilliant book entitled Judicial Tyranny and Your Income Tax:
The term "individual" which is used not only in Section 6012(a)(1) but also in Section 1 as the subject upon whose income the tax is imposed, is not defined in the Internal Revenue Code. It is, however, defined in the treasury regulations accompanying Section 1. The regulations make a distinction between "citizens" and "residents" of the United States**, and define a "citizen" as every person born or naturalized in the United States** and subject to its jurisdiction [ see 26 CFR Section 1.1-1 (a) - (c) ]. An extremely strong argument can be made that the federal income tax as passed by Congress and as implemented by the Treasury Department was only meant to apply to individuals within the "territorial or exclusive legislative jurisdiction of the United States**," as those individuals would be subject to the "jurisdiction of the United States**." These exclusive areas, per Article 1, Section 8, Clause 17, of the United States Constitution, are Washington, D.C., federal enclaves and United States** possessions and territories. Outside of these exclusive areas, state law controls, not federal law. Thus a State citizen, residing in a State, would not meet the two part test for being an "individual" upon whose income the tax is imposed by Section 1 of the Internal Revenue Code, and would not have the "status" of a "taxpayer." It is the official policy of the I.R.S. [Policy P-(11)-23] to issue, upon written request, rulings and determination letters regarding status for tax purposes prior to the filing of a return. On August 29, 1988, I requested such a "status determination" from the I.R.S. on behalf of one of my clients; as of the date of the publication of this book, the I.R.S. had still not responded. [Judicial Tyranny and Your Income Tax, pages 83-84]Evidently, Dickstein was exposed to this particular argument by another attorney and constitutional expert, Lowell Becraft of Huntsville, Alabama. It is very revealing that Dickstein could justify the following observations even with a legal presumption that the Sixteenth Amendment had been ratified:
... Attorney Lowell Becraft of Huntsville, Alabama, has made
a powerful territorial/legislative jurisdictional argument
that under the Supreme Court's holding in Brushaber, the
income tax cannot be imposed anywhere except within those
limited areas within the states in which the Federal
government has exclusive legislative authority under Article
I, Section 8, Clause 17, of the United States Constitution,
such as on military bases, national forests, etc., and
within United States territories, such as Puerto Rico, etc.
Indeed, Treasury Department delegation orders and the
language of Treasury Regulation 26 C.F.R. Section 1.1-1(c)
fully supports Mr. Becraft's scholarly analysis.
[Judicial Tyranny and Your Income Tax, p. 33]
After publishing Judicial Tyranny, Jeffrey Dickstein made an
absolutely stunning presentation to Judge Paul E. Plunkett in
defense of William J. Benson before the federal district court in
Chicago. From the transcript of that hearing, it is obvious that
Dickstein had continued to distill his vast knowledge even
further, by isolating the following essential core:
The statutes are in the Internal Revenue Code. I submit
they mean something different if the Sixteenth Amendment was
ratified than they do if the Sixteenth Amendment was not
ratified. If the Sixteenth Amendment was ratified it means
you can go into the states and collect this direct tax
without apportionment. If it's not ratified you can't go
into the states and do that. And since Pollock says it's a
direct tax, what other connotation can you give to the
statutes? The connotation that makes it constitutional is
that it applies everywhere except within the states --
which would be where? On army bases, federal enclaves,
Washington, D.C., the possessions and the territories.
[You Can Rely On The Law That Never Was!, pages 20-21]
[emphasis added]
Sometimes, the answer is staring us right in the face. In
retrospect, I dedicate this chapter to Jeffrey Dickstein and
Larry Becraft, who have done so much to bring the truth about our
federal government into the bright light of day. Jeff and Larry,
we have only ourselves to blame for not paying closer attention
to your every words.
In the passage quoted above from pages 83 and 84 of Judicial Tyranny, author Dickstein refers to IRS Policy #P-(11)-23, from the official Internal Revenue Manual (IRM). This "policy" reads as follows:
RULINGS, DETERMINATION LETTERS, AND CLOSING AGREEMENTS AS TO
SPECIFIC ISSUES
P-(11)-23 (Approved 6-14-87)
Rulings and determination letters in general
Rulings and determination letters are issued to
individuals and organizations upon written requests,
whenever appropriate in the interest of wise and sound tax
administration, as to their status for tax purposes and as
to the tax effect of their acts or transactions, prior to
their filing of returns or reports as required by the
revenue laws. Rulings are issued only by the National
Office. Determination letters are issued only by District
Directors and the Director of International Operations.
Reference to District Director or district office in these
policy statements also includes the office of the Director
of International Operations. [emphasis added]
This IRS "policy", as published in their Internal Revenue Manual,
prompted the National Commodity and Barter Association in Denver,
Colorado, to draft the following example of a request letter,
updated by this author for extra clarity and authority:
EXAMPLE OF REQUEST LETTER
Director of International Operations
Foreign Operations Division
Internal Revenue Service
11601 Roosevelt Boulevard
Philadelphia, Pennsylvania 19422
Dear Director:
My research of the Internal Revenue Code and related
Regulations has left me confused about my status for
purposes of Federal Income Taxation.
Pursuant to I.R.M. Policy #P-(11)-23, "upon written
request" I can obtain from your office a determination of my
status for purposes of Federal Income Taxation.
This is my written, formal request for a determination
letter as to my status for Federal Income Tax purposes.
Please take note that your determination letter must be
signed under penalty of perjury, per IRC Section 6065.
If this is not the proper format for making this
request, please send me the proper format with instructions.
If I do not receive a determination letter from you
within 30 days, I will be entitled to presume that I am not
subject to any provisions of the IRC, Titles 26 or 27.
Sincere yours,
/s/ John Q. Doe
all rights reserved
What is the lesson in all of this? At the end of Chapter 1,
I expressed my intention to elevate status and jurisdiction to
the level of importance which they have always deserved. I am by
no means and in no way advising any Americans to utter, or to
sign their names on, any statements which they know to be false.
On the contrary, it is fair to say that I have been criticized
more often in life for being too honest. If you are a
nonresident alien with respect to the federal zone, then say so.
If you are not a nonresident alien with respect to the federal
zone, then think about changing your status. You can if you want
to, because involuntary servitude is forbidden everywhere in this
land. It's the Supreme Law!