Re: 26 CFR 31.3402

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Posted by Siri Das on August 25, 1998 at 18:35:21:

In Reply to: Re: SSA Response (July 14, 1997) to my Affidavits of Rescision! posted by Daniel on October 31, 1997 at 23:26:44:

: You may want to check oput the following 26 CFR
: 31.3402 complete section
: Regards Daniel;

and in section 31.3402 (p)-1, the voluntary nature of the W-4 is explained:

Sec. 31.3402(p)-1 Voluntary withholding agreements.
(a) In general. An employee and his employer may enter into an
agreement under section 3402(b) to provide for the withholding of income
tax upon payments of amounts described in paragraph (b)(1) of
Sec. 31.3401(a)-3, made after December 31, 1970. An agreement may be
entered into under this section only with respect to amounts which are
includible in the gross income of the employee under section 61, and
must be applicable to all such amounts paid by the employer to the
employee. The amount to be withheld pursuant to an agreement under
section 3402(p) shall be determined under the rules contained in section
3402 and the regulations thereunder. See Sec. 31.3405(c)-1, Q&A-3
concerning agreements to have more than 20-percent Federal income tax
withheld from eligible rollover distributions within the meaning of section 402.
(b) Form and duration of agreement. (1)(i) Except as provided in
subdivision (ii) of this subparagraph, an employee who desires to enter
into an agreement under section 3402(p) shall furnish his employer with
Form W-4 (withholding exemption certificate) executed in accordance with
the provisions of section 3402(f) and the regulations thereunder. The
furnishing of such Form W-4 shall constitute a request for withholding.

Back on the subject of Affidavits of Rescision, the Save A Patriot Fellowship prepared on my behalf an Affidavit of Revocation and Recission. SAP provides this as a service to its members. Check out their web site or call (410) 857-4441 and ask for more info and a complimentory copy of an issue of their newsletter "Reasonable Action"

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