Time: Thu Oct 02 09:26:41 1997
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Date: Thu, 02 Oct 1997 09:20:55 -0700
To: liberty-and-justice@pobox.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Substitute W-8 Form
W-8's are for banks, S&L's, credit unions,
and other financial institutions, not the IRS.
I once succeeded in getting both Bank of America
and Wells Fargo Bank in California to accept them,
in lieu of a SSN. The accounts they opened did
NOT have SSN's in their computer database.
You must, however, open ONLY accounts which do not
bear interest, otherwise the bank will report
interest to the IRS.
/s/ Paul Mitchell
http://supremelaw.com
What follows here is a slightly updated version of the
Substitute W-8 Form which appears in Appendix "L" of
"The Federal Zone: Cracking the Code of Internal Revenue,"
electronic seventh edition:
ASSEVERATION OF FOREIGN STATUS
[Substitute W-8 Form]
This document replaces/supersedes any/all previous declarations
of status by John Q. Doe and it is to be used as my NOTICE OF
RESCISSION OF ANY PREVIOUS SIGNATURE AND ANY POWER OF ATTORNEY,
ab initio, as it relates to any previous W-4, W-8, W-9, etc., as
well as Federal and State information forms or presentments.
California State/Republic )
) ASSEVERATION OF STATUS
County of Marin )
I, John Q. Doe, state, of Right, my Status as follows:
1. That I am of lawful age and that I am competent to make this
Asseveration of Status;
2. That I am a non-immigrant, non-naturalized, nonresident
alien, non-taxpayer, natural born free American, Sovereign
man and an inhabitant of a geographical area in a State of
the American Union known as the California Republic;
3. That I am an American and nonresident alien with respect to
the "United States" (i.e., the District of Columbia, Guam,
American Samoa, Virgin Islands, Commonwealth of Puerto Rico,
etc.) with no income effectively connected with a "trade or
business" (IRC 7701(a)(26)) within the "United States"
(Government);
4. That I have never knowingly, willingly, voluntarily and
intentionally inhabited the state of the forum (Forum
Contractus in Latin);
5. That I have never been involved in any taxable "trade or
business" activity under 27 Code of Federal Regulations
(CFR) pursuant to commerce in Alcohol, Tobacco Products and
Firearms, State or Federal;
6. That this Asseveration is to be used in lieu of Form W-8, as
suggested by that Form W-8, specifically: "Use Form W-8 or
a substitute form containing a substantially similar
statement to tell the payor ... that you are a nonresident
alien individual, foreign entity, or exempt foreign person
not subject to certain U.S. information return, reporting or
backup withholding rules."
The following information is given in lieu of a Form W-8:
Name: John Q. Doe
Location: c/o general delivery
San Rafael [zip code exempt]
CALIFORNIA STATE
Please note: I do not voluntarily use unqualified ZIP codes
or other forms of Federal Identification, e.g., "CA", "TX",
"FL", etc., because I do not reside inside Government (U.S.)
Territory or any of its Federal Territories.
U.S. taxpayer identification number: not applicable
See Form W-8: "... foreign persons [sic] are not generally
required to have a U.S. taxpayer identification number, nor
are they subject to any backup withholding because they do
not furnish such a number to a payer or broker." [Emphasis
added for purposes of conspicuous notice.]
You are hereby ordered to purge the "Social Security or
Taxpayer I.D. Number" as shown on Your "Payer's Request for
Taxpayer Identification Number" form, if any.
Check the appropriate space(s) with an "X":
( ) For Interest Payments, I am not a "U.S. citizen"
or "U.S. resident"; AND
( ) For Broker Transactions or Barter Exchanges, I am
an exempt foreign Sovereign man.
THIS ASSEVERATION OF STATUS IS TO NOTIFY PAYERS, MIDDLEMEN,
BROKERS, AND BARTER EXCHANGES NOT TO WITHHOLD OR REPORT PAYMENTS
OF INTEREST, BROKER TRANSACTIONS, OR BARTER EXCHANGES.
The W-8 accompanying this ASSEVERATION OF STATUS should not and
cannot be attached to this ASSEVERATION OF STATUS but is enclosed
for information purposes only.
NUNC PRO TUNC, this _____ day of __________, 19____ Anno Domini,
for January 21, 1950 (date of birth),
with explicit reservation all of my unalienable rights
and without prejudice to any of my unalienable rights,
I, ______________________________________________________________
(signature)
______________________________________________________________
(printed name)
state that the foregoing is true in substance and in fact, to the
best of my knowledge and belief, and is made in good faith, and
that this asseveration could be used as evidence, and that I have
personal knowledge of the facts stated herein.
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
At 08:54 PM 10/1/97 -0400, you wrote:
>Take a close look at the form W-8.
>
>1. Does it have an OMB control number and expiration date in the upper right
>corner? If not, you are not required to file it with the government.
>
>2. Does it show a warning "Do not send to the IRS" there instead? Why would
>it say this, unless the IRS wants to disavow that they ever received it?
>
>You should instead read 26 CFR 1.1441-5 and supply a Statement of
>Citizenship in duplicate. Mine says that I am a natural born Sovereign of
>the Kansas republic, and os of these united States of America.
>
>Get copies of Publication 515, 26 USC 6109, 26 CFR 301.6109(c), 26 USC
>6724(a) and 26 CFR 301.6676-1.
>
>Approach your (non-statutory) employer and ask him if he knows what the
>proper procedures are for a citizen who does not hae a SSN. Show him that he
>needs to send the duplicate SoC to the Philla office as shown in 26 CFR
>1.1441-5(c) with a letter of transmittal, stating that the worker has no SSN
>and that he has complied with 26 CFR 301.6109(c).
>
>At the end of the year he sends in a 1099 with an Affidavit of Request and
>Transmittal which states that this worker is a Citizen and has no SSN.
>
>Do this every year.
>
>B
>
>At 05:22 PM 10/1/97 -0400, you wrote:
>>
>> Dear Friends of Freedom & Justice,
>>
>> A close friend has asked me for advice on filing
>> a substitute form W-8 in lieu of the W-4. He obtained
>> a form from an unknown source and asked me for
>> if the form was sufficient for his purpose. Anyone
>> who can offer some help or advice on using this form
>> would be most appreciated.
>>
>> The information contained on the form, and signed
>> under penalties of perjury, is as follows:
>>
>> ***********************************************
>>
>>Sub. Form W-8 Certificate of Foreign Status
>>For Department of the Treasury
>>Internal Revenue Service
>>
>>Name
>>
>>Current mailing address, if different from permanent
>>address (Include apt. or suite no., or P.O. box if
>>mail is not delivered to street address.)
>>
>>City, town or post office, state, and ZIP code (If
>>foreign address, enter city, province or state,
>>postal code, and country.)
>>
>>Certification.-- I solemnly swear under penalty of
>>perjury, adhering to the laws of the United States
>>of America, that I am an exempt foreign person, not
>>subject to any backup withholding.
>>
>>___________________________________________________________________________
>>Signature Date
>>
>>General Instructions
>>
>>Purpose
>>
>>Use Form W-8 or a substitute form containing a
>>substantially similar statement (affidavit) to
>>tell the workplace, payer, mortgage interest
>>recipient, middleman, broker, or barterer that
>>you are an exempt foreign person not subject
>>to backup withholding rules or certain U.S.
>>information return reporting rules.
>>
>>Exempt Foreign Person
>>
>>An exempt foreign person is not required to provide
>>information to his workplace or other payer as to
>>why he or she is exempt from all withholding. The
>>signing of this affidavit (as seen below) is sufficient
>>evidence that he or she is an exempt foreign person
>>within the meaning of Internal Revenue Code. The payer
>>must accept this signed affidavit as being a valid
>>representation of this person's status. Note: All
>>persons are subject to all perjury laws, and may be
>>prosecuted for false statements made on this form.
>>The workplace, or other payer, is completely free
>>from liability when using this form. The person's
>>signed oath constitutes as acceptance of full
>>responsibility and liability for the accuracy of
>>everything stated herein.
>>
>>U.S. Taxpayer Identification Numbers
>>
>>Internal Revenue laws requires that certain income
>>be reported to the Internal Revenue Service using a
>>U.S. taxpayer identification number (TIN). This number
>>can be a social security number assigned to individuals
>>by the Social Security Administration or an employer
>>identification number assigned to businesses and other
>>entities by the Internal Revenue Service.
>>
>>Exempt foreign persons signing this affidavit are
>>not required to have, or provide to the workplace
>>or other payer, a social security number or other
>>taxpayer identification number.
>>
>>Filing Instructions
>>
>>When To File.---File Form W-8 or substitute form
>>before a payment is made. This form may be used by
>>any person who is exempt from backup withholding.
>>It must be used in place of Form W-4. Note: Do not
>>file a Form W-4 for an exempt foreign person signing
>>this affidavit.
>>
>>Where To File.---File this form with the workplace
>>or other payer who is the withholding agent (see
>>Withholding Agent below). Keep a copy for your
>>own records.
>>
>>Instructions to Withholding Agents
>>
>>Withholding Agent.---Generally, any person required
>>to withhold tax is a withholding agent. A withholding
>>agent may be an individual, trust, estate, partnership,
>>corporation, government agency, association, or
>>tax-exempt foundation.
>>
>>Retention of Statement.--Keep Form W-8 or substitute
>>form in your records for at least four years following
>>the end of the last calendar year during which the
>>payment is paid or collected. Withholding.---This
>>signed Form W-8 or substitute is an affidavit that
>>this person is exempt from all withholding. This
>>includes, but is not limited to, federal and state
>>taxes, local taxes, medicare, social security, or
>>any other generally assumed withholding. This person
>>is to receive a "gross payment" and is personally
>>responsible for any possible tax liabilities.
>>
>>The use of this form does not preclude a person from
>>voluntarily allowing withholding for the payment of
>>medical/dental benefits, investment programs, or any
>>other commodities offered by the withholding agent
>>on a volunteer basis.
>>
>>Note: Exemption from withholding does not necessarily
>>exempt this person from the annual tax liability.
>>
>> *************************************************
>>
>>Thanks in advance for your input and God bless,
>>
>> patriotz@aol.com (Ted Pedemonti)
>>
>>=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
>>Unsub info - send e-mail to majordomo@majordomo.pobox.com, with
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>>Liberty-and-Justice list-owner is Mike Goldman <whig@pobox.com>
>>
>========================================================
>Brad Barnhill
>e:bradbva@chv.mindspring.com
>========================================================
>"The government which steps out of the ranks of the
>ordinary articles of consumption to select and lay under
>disproportionate burdens a particular one because it is
>a comfort, pleasing to the taste or necessary to the
>health and will therefore be bought, is in that
>particular a tyranny."
> --Thomas Jefferson to Samuel Smith, 1823.
> http://pages.prodigy.com/jefferson_quotes/
>========================================================
>
>=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
>Unsub info - send e-mail to majordomo@majordomo.pobox.com, with
>"unsubscribe liberty-and-justice" in the body (not the subject)
>Liberty-and-Justice list-owner is Mike Goldman <whig@pobox.com>
>
>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
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website: http://supremelaw.com : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice. We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
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