Time: Thu Feb 06 23:31:38 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id QAA19379; Fri, 7 Feb 1997 16:15:08 -0700 (MST) id SAA18703; Fri, 7 Feb 1997 18:09:32 -0500 (EST) id SAA18699; Fri, 7 Feb 1997 18:09:30 -0500 (EST) id AA16734; Fri, 7 Feb 1997 18:09:29 -0500 by usr10.primenet.com (8.8.5/8.8.5) with ESMTP id QAA19872 for <snetnews@world.std.com>; Fri, 7 Feb 1997 16:09:29 -0700 (MST) by primenet.com (8.8.5/8.8.5) with SMTP id QAA08788 for <snetnews@world.std.com>; Fri, 7 Feb 1997 16:09:14 -0700 (MST) 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> ==================================================================== [Text is usually formatted in Courier 11 non-proportional spacing @] [65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.] 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 Ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win] We can decode all your byte streams, spaghetti code notwithstanding. Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan ==================================================================== -> Send "subscribe snetnews " to majordomo@world.std.com -> Posted by: Paul Andrew Mitchell [address in tool bar]
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