Time: Wed Feb 05 20:58:44 1997
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Wed, 5 Feb 1997 20:04:54 -0700 (MST)
Date: Wed, 05 Feb 1997 20:55:25 -0800
To: Robert Happy <scrc@cogent.net>
From: Paul Andrew Mitchell [address in tool bar]
Subject: 1099's and SSN's
Robert,
Congratulations!
Here is my latest "path" thru the maze:
The only people who are "made liable" are
withholding agents, pursuant to the IRC
sections cited in the definition of
"withholding agent" at IRC 7701(a)(16),
to wit:
IRC Secs. 1441, 1442, 1443 and 1461
One becomes a withholding agent ONLY
by accepting a valid Employee's Withholding
Allowance Certificate ("allowing" withholding).
Only the "employee" can authorize withholding.
If s/he fails to authorize it, then all
withholding is unauthorized (not to be
confused with UN-authorized:).
Without said certificate, there can be no
withholding without "due process of law" having
run its course, all the way to a court ORDER,
issued pursuant to due process of law, ideally
with declaratory relief by a jury of peers.
Waivers of fundamental Rights, like "due process
of law," must be knowingly intelligent acts,
done with sufficient awareness of the relevant
circumstances and likely consequences. They
MUST be "KIV": knowing, intentional, and
voluntary. Waivers of fundamental Rights
will NEVER be presumed in any courts of law.
A valid W-4 is viewed by courts as a valid
waiver, although I can easily defeat such an
erroneous "view".
Turn now to juries of peers, because "due process
of law" encompasses verdicts by juries of peers.
Enter our challenge to jury selection and
service, for obvious class discrimination
against state Citizens who are not also
federal citizens (read "citizens of the
United States").
In summary, if there is no W-4, there can
be no withholding. W-4's are voluntary,
and they cannot be used as mandatory
work conditions, because state Citizens
enjoy the Right to work, pursuant to
many Right to work laws, and also the
Tenth Amendment.
That Right to work is unalienable
(read "un-lien-able by forced withholding").
Corporations cannot violate the fundamental
Law, because they are creatures of the
several States party to the U.S. Constitution,
as evidenced by their respective corporate
charters issued by said States.
Federal corporations are created pursuant
to Acts of Congress (e.g. Union Pacific Railroad Company);
they are NOT creatures of any Union State. Congress
cannot create a corporation by exercising its powers
as a legislature for the entire nation; it can only
create a corporation pursuant to its municipal powers
(i.e. within the federal zone ONLY).
Finally, you cannot be forced into involuntary servitude;
you can only volunteer into "voluntary" servitude.
This you already know well, I am sure of it! The
slavery prohibition has been universally recognized
as having been ratified; whether it is #13, #14, or 13.5
is immaterial.
/s/ Paul Mitchell
At 06:44 PM 2/5/97 -0700, you wrote:
>There was a company I did some work for in 1996.
>At the beginning of 1997 they sent Me a form requesting
>proof that I have $100,000 of liability insurance to cover
>Myself, or else I could not do any work for them in the future.
>They also sent a W9 form and requested My SSN or TIN. Shortly
>afterwards, they contacted Me to do some more work for them.
>
>I wrote and told them I did not have insurance and was
>not about to get any. I told them that I did not have an SSN
>or TIN for religious reasons, that I was not subject to backup
>withholding and that I hadn't been notified that I was anyway. I
>also demanded to be paid at the completion of My work, and not
>put on an Accounts Payable list for payment in 30 days.
>I stood My ground, told them I was a Good and Lawful
>Christian Man and these were My terms for doing any
>more work for them.
>
>I did not hear from them for about 2 weeks. They just called
>this week and asked Me to return to work on a PC that
>controls the HVAC in a large building in LA. They accepted
>all My demands and I created a "Waiver Form" for them to
>sign whereby they agree to waive the insurance requirements
>and that they agree not to withhold from any payments to Me.
>They are a large corporation that manages buildings all
>over the West Coast. They did pay Me more than $600 last
>year, and have already come close to that this year. I gave
>them no SSN or TIN, just a Substitute W9 form stating My
>Christian beliefs.
>
>There are at least 3 possibilities I can see here.
>First: I am just the BEST computer technician in all
>of the LA area and they couldn't possibly find anyone
>better, so I had them over a barrel; or,
>Second: They recognized that My paperwork correctly
>argued My case against any withholding and was
>sufficient for them not to have to withhold; or
>Third: all of the above. ;-> (probably more possibilities,
>I just can't think of any right now)
>
>Moral: If you stand your ground, proclaim who you are
>and what your terms are, then you will win whether you
>get anymore work or not. Besides, anyone not accepting
>My terms was someone I didn't need to do any work for
>anyway.
>
>Robert Happy
>
>
>
>!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!-!
> For comprehensive and easily understood information on how you
> can protect your property and assets from taxes, probate, lawsuits,
> government forfeiture or seizure, and other "statutory" means used
> to deprive you of what belongs to you, check out Asset Protection
>Services website at http://www.amug.org/~trusts right now before it's
>too late! Your owe it to yourself and your family to educate yourself.
>
>
>
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Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com
Web site for the Supreme Law Firm is URL: http://www.supremelaw.com
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