Time: Tue Sep 09 12:15:12 1997
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Date: Tue, 09 Sep 1997 12:11:56 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Affidavit of Exemption from Withholding in Lieu of W-4
Dear Clients and Friends,
This text is being provided to you,
via special request. It is a modified
form, based on the Certificate of
Exemption from Withholding in Lieu of
W-4, with the addition of a Verification
pursuant to 28 U.S.C. 1746(1).
/s/ Paul Mitchell
http://supremelaw.com
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AFFIDAVIT OF EXEMPTION FROM WITHHOLDING IN LIEU OF W-4
Consistent and in pari materia with Section 3402(n) of the
Internal Revenue Code ("IRC"), shown herewith, I hereby certify
to being EXEMPT by law from all federal income tax withholdings
because:
A. No liability for income tax has knowingly been incurred by
Me under Subtitle A in the past year or in previous years.
B. No liability for income tax will knowingly be incurred by Me
under Subtitle A in the current year or in future years.
Effective immediately, stop all federal tax withholdings.
The only statutes which impose a specific liability for federal
income taxes imposed by Subtitle A are those which are found in
the provisions applicable to withholding agents, as itemized in
the definition of "Withholding agent" at IRC 7701(a)(16).
Thank you for your consideration.
VERIFICATION
The Undersigned hereby verifies, under penalty of perjury, under
the laws of the United States of America, without the "United
States" (federal government), that the above statement is true
and correct, to the best of My current information, knowledge,
and belief, so help Me God, pursuant to 28 U.S.C. 1746(1).
All Rights Reserved without Prejudice
Executed on: ___________________________________________________
Month / Day / Year
Signed: _________________________________________________________
(blue ink signature)
Name: ___________________________________________________________
(printed name)
Address: ________________________________________________________
(c/o street, post office box, or general delivery)
County: _________________________________________________________
(name of county, followed by "county")
Union State: ____________________________________________________
(one of the 50 states of the Union)
Related references now follow:
Internal Revenue Code, Section 3402(n):
(n) Employees Incurring No Income Tax Liability. --
Notwithstanding any other provision of this section, an
employer shall not be required to deduct and withhold any
tax under this chapter upon a payment of wages to an
employee if there is in effect with respect to such payment
a withholding exemption certificate (in such form and
containing such other information as the Secretary may
prescribe) furnished to the employer by the employee
certifying that the employee --
(1) incurred no liability for income tax imposed under
Subtitle A for his preceding taxable year, and
(2) anticipates that he will incur no liability for income
tax imposed under Subtitle A for his current taxable
year.
The Secretary shall by regulations provide for the
coordination of the provisions of this subsection with the
provisions of subsection (f).
[IRC 3402(n)]
IRS Form 8233:
EXEMPTION FROM WITHHOLDING OF COMPENSATION FOR PERSONAL SERVICES
IRS Form 8233 is an alternative to a CERTIFICATE OF EXEMPTION
FROM WITHHOLDING IN LIEU OF W-4. The following is the abstract
describing Form 8233 in the IRS Printed Product Catalog:
8233 62292K (Each)
Exemption from Withholding of Compensation for Personal
Services
Used by non resident alien individuals to claim exemption
from withholding on compensation for personal services
because of an income tax treaty or the personal exemption
amount. D:R:FP:F Tax Related Public Use
[IRS Printed Product Catalog]
[Document 7130, Rev. 6-89, p. 66]
# # #
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
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