Time: Tue Dec 09 18:10:16 1997
To: ice@coolmedia.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: cause of action is against employers
Cc: 
Bcc: sls
References: 

And it is primarily for the reasons stated below,
that aggrieved workers have a cause of action
against the "withholding agents," but NOT 
against the IRS.  The IRS is going away, but
the companies who pay the millions of workers
in America, are not going away.  So, as all
good lawyers have a habit of saying, go after
the deep pockets.  The IRS money laundry makes
their money almost impossible to recover, once
it leaves the country, and our information tells
us that it leaves the country within 48 hours
after they receive it.

If the "employers" have made a mistake by
withholding too much, they can always adjust
their next quarterly payments, to reflect
the error and correct it.  See how simple
this solution is?  It is also far more
effective, for having a better chance of
surviving a hostile state and federal 
judiciary, imho, particularly when you 
couple such a law suit with discovery of
the Agreements on Coordination of Tax
Administration which IRS has consummated
with the various state taxing agencies.

/s/ Paul Mitchell,
Candidate for Congress
http://supremelaw.com



At 10:29 PM 12/7/97 +0000, you wrote:
>From:         Jay Robbins (by way of "R. J. Tavel, J.D.)
>Subject:       RE: SSN AND DEBT CARD AND MORE
>
>Midwest Express Airlines issued me a MasterCard without a social after I
>got more than 20 refusals from others.
>Also each dollar gets you one mile and Midwest Express has the lowest
>redemption in the industry.
>
>Just Travelin'
>
>        I finally got a call back on that DEBT CARD info...The party told me
>that he was issued a Card without giving a SSN. It was issued through
>"Travelers Bank [Group]" and you can get an application via 1-800-772-0121.
>They [he] was issued a Visa, although others are available..or so I am told. 
>        I hope this has been of some help...sorry it took so long, but it
>was out of my hands.
>
>                                                         Yours in Liberty,
>
>Subject: More Stuff...
>
>Begin message:
>
>The Legislature has imposed a tax "Levy" upon the wages and salaries of
>Government Employees, NOT upon private citizens, see:
>The Revenue Act of 1918, Section 213;
>Federal Employees Tax Act
>Halvering v. Gerhardt, 304 U.S. 405
>Public Salary Tax Act.
>
>Government employees are "Taxpayers" subject to tax on wages and
>salaries, and government employees, subject to this tax, are subject to
>"Withholding" through the IRS Form W-4, as "employees" defined in Section
>3401 of the
>IRS Code.
>
>The correct and limited use of Form W-2 is defined in Treasury
>Regulation, Section 1.6041-1g, which consists only to report the wages and
>salaries
>of government employees.
>
>The "Notice of Levy" used in collection of the tax levy upon wages and
>salaries may be invoked only in regard to the wages and salaries of government
>employees (taxpayers) and must be served upon the government in
>accordance with IRS Code Section 6331 and Treasury Regulation 301.6331-1,
>Part 4, Page 1392.
>
>    From all of the IRS and Treasury regulations, I read that
>"Withholding" applies to government "employees" because government
>"employees" are the persons subject to tax on their wages and salaries,
>which makes government employees "taxpayers".   I also read that the
>"Notice of Levy" applies to government "employees", who are "taxpayers"
>subject to the tax on wages and salaries.  I also read that the Form W-2
>applies to government "employees" who are subject to the tax on wages and
>salaries (taxpayers) to let the government employees know how much they
>earned and how much was withheld from their wages.
>
>   Could anyone answer me why
>1. Private employers give W-4 forms to private individuals to fill out?
>2. Private employers honor "Notice of Levy"s?
>3. Private employers report private individuals earnings on W-2 forms?
>
>   Its not the IRS that private citizens are having trouble with, its
>private employers that violate the rights of its workers by using
>government forms that apply only upon government employees.  All those
>forms do not apply to the private sector but are forced upon them.  Fill
>them out or don't work for us.  What I earn is my PROPERTY.  There is no
>such thing as withholding from my property except by Judicial Order.  The
>same with the "Notice of Levy".  And I have a right to privacy and no
>private employer is required to violate my privacy and report to the IRS
>how much property I made during the year.
>
>  Private employers need to tell IRS officials to keep government forms
>within the government and stop working for the IRS.
>
>The IRS is a part of the Department of the Treasury (see IRS Code Section
>7802).  If you read on, Section 7809(a) of the IRS Code requires that
>"...the gross amount of all taxes and revenues received under the
>provisions of this title and collection of whatever nature received or
>collected by authority of any Internal Revenue law,  shall be paid daily
>into the Treasury of the United States..."
>
>   But does the IRS do this?  Look at the stamp on the back of your
>canceled tax checks; most say:  Pay any FRB Branch or Gen Depositary for
>credit U.S. Treas. This is in payment of U.S. Oblig."   Sometimes this is
>shortened to:  "Pay any FRB Branch,"   but it DOESN'T say: "Pay to the
>U.S. Treasury."   Required by its own code to collect taxes for the
>TREASURY, instead the IRS collects directly for the FRB. (Who are they
>working for, anyway?)
>
>Although the framers of the "income law" backed off from defining its key
>word (income), certainly the IRS must have a definition for it; after
>all, that's what they deal with every day. They couldn't collect an
>income tax if they didn't know what "income" was, could they?   Yet
>nowhere in the IRS Code is there a definition of the vital term "income".
>  Of course that hasn't stopped them from defining "GROSS INCOME" as "all
>income from whatever source derived."  Neat trick isn't it?  Using the
>word to define itself, they made it SEEM to be defined since they have
>built upon it.  A person must know what "income" is before he can know
>what gross INCOME is!
>
>IRS Code Section 7323. Judicial action to enforce forfeiture.
>  (a) Nature and venue.
>     The proceedings to enforce such forfeitures shall be in the nature
>of a proceeding in rem in the United States District Court for the
>district where such seizure is made.
>
>
>IRS Code Section 7401. Authorization.
>     No civil action for the collection or recovery of taxes, or of any
>fine, penalty, or forfeiture, shall be commenced unless the Secretary
>authorizes or sanctions the proceedings and the Attorney General or his
>delegate directs that the action be commenced.
>
>IRS Code Section 7402.  Jurisdiction of district courts.
> (a) To issue orders, processes and judgments.
>     The district courts of the United States shall have such
>jurisdiction to make
>and issue in civil actions, writs, and orders of injunction, and of ne
>exeat republica, orders appointing receivers, and such other orders and
>processes, and to render such judgments and decrees as may be necessary
>or appropriate for the enforcement of the internal revenue laws.
>
>  (f) General jurisdiction.
>     For general jurisdiction of the district courts of the United States
>in civil actions involving internal revenue, see section 1340 of title 28
>of the United States Code.
>
>
      


Return to Table of Contents for

Supreme Law School:   E-mail