Time: Wed Oct 08 13:33:37 1997
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Date: Wed, 08 Oct 1997 13:25:38 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Yet another approach to "employer" request for SSN
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<snip>
>
>[No word yet on the upshot of this letter, but it raises issues which
>need to be answered. If you believe you have answers, do communicate
>with either myself at harold@halcyon.com or Gary at
>Oneseadog@aol.com.]
>
>Gary Bryant
>c/o Suite 2216
>6065 Roswell Road, N. E.
>Atlanta, Georgia, America 30328
>
>September 19, 1996
>
>Certified Mail # Z 128 562 244
>
>Destiny Telecomm International, Inc.
>Suite 115
>100 Hegenberger Road
>Oakland, California, America 94621
>
>Attn: Jennifer Fitz, Esq.
>
>Re: Social Security or Federal Employer I.D. Number
>
>
>
>Dear Ms. Fitz, et. al.,
>
>As legal representative for Destiny Telecomm International, Inc., I would
like you to take into consideration, the following facts and conclusions of
law stated herein.
>
>I would like to become an independent representative of Destiny Telecomm,
Interna-tional, Inc., by contract/agreement presented me by established
representatives of Destiny Telecomm, International, Inc. However, there
are certain items, i.e., request for a Social Security Number or Federal
Employers Identification Number that are con-fidential information and have
no bearing on this contract/agreement. Transfer of in-formation is limited
by the Fourth Amendment to the Constitution for the united States of
America and attending Constitutions for the Fifty States of the Union. You
are ask-ing for information which would be transferred to agencies of the
Federal Government, and in this instant matter, the Federal Government
would not be a party to this agree-ment.
>
>The United States Congress makes rules and regulations for the United
States, its' territories and insular possessions within the fifty states of
the Union pursuant to Article 1, Section 8, Cl. 17 and Article 4, Section
3, Cl. 2 of the United States Constitution and is limited to the insular
possessions in the State of Georgia by O.C.G.A. 50-2-22. The United States
Congress is limited to enforcing the provisions of the Social Security Act
as per the above mentioned articles.
>
>The Internal Revenue Service' Service Centers' Computer Document
Classification Handbook, Document 6209, IDRS/ADP Handbook. (rev. 1988) at
Section 2 references Form 941 as being applicable to Employers' Quarterly
"Federal" Tax Return classified as a tax class 1, with a document code 41,
regarding the Federal Insurance Contribution Act. Whereas, the only
authority of the Commissioner of Internal Revenue to enforce such
"INSURANCE" and "CONTRIBUTIONS" is in the Northern Mariana Islands pursuant
to Treasury Department Order (TDO) 150-86, dated 12-31-76, published in the
Federal Register Vol. 42, No. 6. Monday, January 10, 1977 at page 2151 and
the Commissioner of Internal Revenues' Delegation Order 163, (Rev. 2) ,
effective date 5-12-86, as listed in IRM 1229, Handbook of Delegation Orders.
>
>A most interesting provision is found in Public Law 94-241 (90 Stat. 265),
March 24, 1976. This is the Joint Resolution to approve the "Covenant to
establish a Common-wealth of the Northern Mariana Islands in Political
Union with the United States of America." Under Article I, Sec. 105, we read:
>
> "The United States may enact legislation in accordance with its
constitutional processes which will be applicable to the Northern Mariana
Islands, but if such legislation cannot also be made applicable to the
several States, the North-ern Mariana Islands must be specifically named
therein for it to become effective in the Northern Mariana Islands."
>
>Whereas, it appears to me that Congress enacted legislation to enforce
FICA in the Northern Mariana Islands pursuant to the above paragraph,
Treasury Department Or-ders, and Commissioners' Delegation Orders. The
Commissioner expressed his opin-ion in IRM 3(21)(25)2.2 paragraph 2, and I
quote, "Northern Mariana Islands is liable for Social Security Tax for tax
periods 8612 and prior, filing form 941NMI. For tax periods beginning 8701
and subsequent, Northern Mariana Island Employers file Form 941SS." I have
been unable to locate a statute that would give the Secretary or his
Delegate the authority to enforce the collection of FICA taxes pursuant to
Delegation Order 163, published in the Federal Register, 1-10-77 upon
private workers contracts in the State of Georgia, absent the workers'
voluntary agreement.
>
>All other FICA taxes are made pursuant to agreements between the Federal
Govern-ment, its' possessions, States of the Union and Local
instrumentalities of the 50 States of the Union.
>Whereas, 42 U.S.C. § 4218 provides for voluntary agreements for coverage
of State and local employees, whereby the Secretary shall at the request of
any State, enter into an agreement with such State for the purpose of
extending the insurance system established by 42 U.S.C. § 401, et seq.
Employment is defined as a term under this section as any service included
under an agreement entered into under this section. I also find in the
definitions, the term "State" does not include the District of Columbia,
Guam or American Samoa.
>
>Further proof FICA is voluntary and not mandatory for workers in the
private sector of the State of Georgia is evidenced on the application for
work at the local TACO BELL. The enclosed application, see Exhibit 1,
demonstrates on the first line of that form that it is optional, signifying
it is not mandatory. also see Exhibit 2 , Memorandum of Law, written by
Attorney, Lowell H. Becraft, Jr., of Huntsville, Alabama on the voluntary
na-ture of Social Security, see Exhibit 3, letters from the Director and
publications from the Social Security Administration regarding the
voluntary nature of Social Security.
>
>The U. S. Congress has authorized the collection and payment of employment
taxes through agreements pursuant to 2 U.S.C. § 60c-3(c) , 4 U.S.C. § 111 ,
5 U.S.C. § 5516, 5 U.S.C. § 5517 5 U.S.C. § 5518, 5 U.S.C. 5519 and 5
U.S.C. § 5520 and Presidential Executive Order 11997 of June 22, 1977.
>
>Public notice was given by the Secretary of the Treasury of Regulations
pertaining to Employment taxes in the Federal Register, Volume 43, No. 245,
Wednesday, Decem-ber 20, 1978 at page 59359. Regarding Voluntary
Withholding Agreements the follow-ing is written: (26 C.F.R. Part 31.3402(p)-1
>
> "§ 31.3402(p)-1 Voluntary withholding agreements. (c) A statement that
the employee desires withholding of Federal income tax, and, if applicable,
of qualified State individual in-come tax (see paragraph (d)(3)(i) of §
301.6361-1 of this chapter (Regulations on Procedures and Administration)),
and
>Also enumerated at 26 C.F.R. Part 31.3402(p)-2:
>
> "An agreement under section 3402(p) shall be effective for such period
as the employer and employee mutually agree upon...." see Exhibit 4
>
>The authority of the Secretary of the Treasury derives from an Act of
Congress and Ex-ecutive Orders. An Act of Congress is specifically defined
in 18 U.S.C., Rule 54(c):
>
> "Application of Terms. As used in these rules the following terms have
the designated meanings.
>
>"Act of Congress" includes any act of Congress lo-cally applicable to and
in force in the District of Co-lumbia, in Puerto Rico, in a territory or in
an insular possession."
>
>It is a well established principle of law that Congress may only enact
its' authority within its' own jurisdiction, as enumerated in foregoing
paragraph. The United States Con-gress may not impair obligations arising
under private contracts within the several States and is limited by the
Fifth Amendment to the Constitution for the united States of America and
State governments are limited by the Tenth Amendment to the Constitu-tion
for the united States of America and attending State Constitutions.
>
>The protection of liberty and property is guaranteed by the Fifth, Tenth
and Fourteenth Amendments to the Constitution for the united States of
America which includes free-dom to contract, embracing contract for labor.
See Allgeyer v. Louisiana, 165 U.S. 578, 590, 41 L.Ed. 832, 836, 17
Sup.Ct.Rep. 427; New York L. Ins. Co. v. Dodge, 246 U.S. 357, 373, 374, 62
L.Ed. 772, 781, 782, 38 S.Ct.Rep. 337, Ann. Cas. 1918C, 593; Adair v.
United States, 208 U.S. 161, 52 L.Ed. 436, 28 S.Ct.Rep. 277, 13 Ann. Cas.
746; Lochner v. New York, 198 U.S. 45, 49 L.Ed. 937, 25 S.Ct.Rep. 539, 3
Ann. Cas. 1133; Butcher's Union Co. v. Crescent City Co. 111 U.S. 746, 28
L.Ed. 585, 4 S.Ct.Rep. 652; Muller v. Oregon, 208 U.S. 412, 421, 52 L.Ed.
551, 555, 28 S.Ct.Rep. 324, 13 Ann. Cas. 957.
>
>Mr. Justice Pitney of the Supreme Court said in Coppage v. United States,
236 U.S. 14, 59 L.Ed. 446, L.R.A. 1915C, 960, 35 S.Ct.Rep. 240:
>
>"Included in the right of personal liberty and the right of private
property - partaking of a nature of each- is the right to make contracts
for the ac-quisition of property. Chief among such contracts is that of
personal employment, by which labor and other services are exchanged for
money or other forms of property. If this right be struck down or
arbi-trarily interfered with, there is a substantial impairment of liberty
in the long established constitutional sense."
>
>"Rights, Privileges and immunities, are not a grant from legislative body,
nor do they require the permission of any government body, officer,
employee, agent to become operative or to be freely exer-cised."
>
>See Medina v. People 154 Colo. 4, 387, P.2d. 733; "It is further held that
the rights, secured and guaranteed are not subject to any rule making or
legislation which would abrogate them." See Miranda v. Arizona, 384 U.S.
436, 86 S.Ct. 1602, 16 L.Ed.2d. 694. (emphasis added)
>
>The Privacy Act of 1974, 88 Stat. 1896, at section 7(a)(1) prohibits
federal and state governments from requesting Social Security numbers or to
deny any individual any right (including the right to contract) benefit, or
privilege provided by law because of such individuals refusal to disclose
his or her Social Security account number (see page 5 of the enclosed
memorandum on social security.)
>
>It is my desire to enter into a contract/agreement as an Independent
Representative of Destiny Telecomm, International, Inc. without
restrictions of considerations received under such contract, without
divulging information to third parties by disclosing my So-cial Security
number or other information concerning my contract and rights to contract.
>
>Looking forward to a long and good working relationship, I remain,
>
>Respectfully,
>
>
>
>Gary J. Bryant
>
>Enclosures
>
<snip>
===========================================================================
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
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04
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
Tucson, Arizona state : state zone, not the federal zone 07
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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
======================================================================== 12
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