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Date: Thu, 06 Feb 1997 22:25:28 -0800
To: snetnews@world.std.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SNET: 1040s and IRS
-> SearchNet's SNETNEWS Mailing List
Dear Friends,
Yes, the several states of the Union
are "foreign" with respect to each other,
and they are also "foreign" with respect
to the municipal jurisdiction of the
District of Columbia. Since the IRC is
a municipal code for the federal zone only,
Citizens of the several states of the Union
are in a jurisdiction which is "foreign" to
the IRC. However, U.S. citizens are not.
I would be very careful about Form 2555,
because it creates a presumption that you
are a "citizen of the United States," and
that is something which may come back to
haunt you in the years to come (e.g.
having to accept a biochip, for example).
(The terms "federal citizen", "U.S. citizen",
and "citizen of the United States" are all
synomymous in law.)
A better line of attack is to argue that
the regulations at 26 CFR 1.1-1(a) thru (c)
are overly broad for creating a liability
which is not rooted in a statute. The
doctrine of "implied legislative approval"
for these regulations is a real stretch,
when confronted by the enduring principles
of the U.S. Constitution. To finish the
argument, you simply declare that you are
not a "citizen of the United States", nor
are you a "resident of the United States",
as those terms are defined in the pertinent
statutes and regulations. Then, 2555 does
not even apply to you in any way, shape,
or form.
Nice, huh?
/s/ Paul Mitchell
>
>-> SearchNet's SNETNEWS Mailing List
>
>I like your reply! It gives info which a person can understand and check
out in
>their own states. Thank you!
>
>BJ
<snip>
>>>
>>> There has been several posts about not needing to fill out a 1040 or tax
>forms
>>> this year, but if you don't you:
>>> 1:open yourself to an audit
>>> 2:bring attention to yourself as anti american or a trouble maker
>>> 3:will be charged penalties and fines for NOT filling in the first place.
>>> 4:find that you do indeed need to pay taxes and that the so called
loophole
>that
>>> has bee discused will be quickly plugged.
>>
>>Then there's form 2555, Foreign Earned Income Exclusion.
>>It allows U.S. citizens who had income outside of the United
>>States to exclude $95,000 (per P.L. 99-514(G)(2)(A), the form
>>itself says $70,000) of that from the 1040. Now, once you
>>realize you live outside the United States, it should be easy
>>to "follow the rules" and keep most of your hard earned money.
>>
>>I've recently seen a copy of the refund check for someone who
>>worked in Georgia and was able to get back his withholding for
>>the year by using this form. Pretty neat, huh? The main problem
>>most people have is thinking they live in the United States, when
>>in fact they live in one of the several states of the Union.
>>
>>It at least would be a better plan to "flood" the IRS with 2555
>>forms than to not file at all.
Objection. See my comments above.
The perjury jurat on IRS forms
is for verifications "within" the
United States. For proof, compare
28 U.S.C. 1746(1) and 1746(2).
That will surprise you, if you
have not already seen this statute.
/s/ Paul Mitchell
(Foreign filers send returns to
>>Philly, as I understand it; maybe we can help unemployment there.
>>:) )
>>
>>Walter
<snip>
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Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com
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