Notice to the Man or Woman (agent) is Notice to the Principal Notice to the Principal is Notice to the Man or Woman (agent)
Dear D. Lovato: This private correspondence is to serve timely legal notice to you in your private capacity that you are conducting a Form 1040 Dec. 31, 2007 investigation that is based on the filing of false information returns on forms W-2/W-3 of alleged “wages” and “withholdings” that was extracted by unauthorized garnishment from my un-deposited ordinary pay (private property) without reasonable cause. Herein, I squarely challenge your jurisdiction to conduct such investigation. Said property was taken under the color of law without my voluntary consent by private payers using a federal Employer Identification Number (EIN) applied against the compelled account of SSN 000-00-0000 or 092-40-2212VOID , and then subsequently mis-reported to the Social Security Administration (SSA) Data Operations Center at Wilkes-Barr as federal / state / OASDI / Medicare “wages”. I do not own nor consent to use such SS Numbers in nexus to me as an “independent contractor, a common-law employee, a statutory employee, or a statutory nonemployee” [CITE: IRS Publication 15-A]. I herein affirm that all of my private earnings made during calendar years 1965 to present (2009) were obtained only from my duty to exercise my Freedom to work in occupations of common right with private companies solely in the free private sector located from without the exterior boundaries of the UNITED STATES CORP territories or possessions, and neither from statutory “employment” nor a statutory “employee/employer” relationship as defined at Title 26§3401(c) of the Internal Revenue Code (IRC). "Employees" are defined as officers, employees, or elected officials of the United States. Only employees have “wages”. Only “wages”, as defined at [IRC §3402], are subject to withholding of the Public Salary Tax Act (PSTA) at the source [CITE: 4 U.S.C. §111(a)].
Administrative Notice of Error Affidavit of Truth
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“Wages” are used as the measure of the withholding. Never did I elect to agree to receive “wages” as discharge for the debt incurred by said companies for my fee and “Quid Pro Quo” services. (See: http://www.supremelaw.org/ref/psta/memo.htm) I do not voluntarily use SSN: 092-40-2212VOID for any purpose whatsoever. I act as though such was never issued, ab initio March 3, 1965 - before my age of majority. The original SS Card bearing my voided signature was returned to the U.S. Department of Health and Human Services, Commissioner of the Social Security Administration in year 2003. [See enclosure 2]. Further, I firmly believe that the people acting for the government as voluntary “paymasters” and “withholding agents” for all said private companies lacked the bona fide legal paperwork (agency record) required of a United States agency. They did not possess the essential characteristics of federal privilege at the time of submission of said W-2/W-3 forms. [CITE: “agency records”, Department of Justice v. Tax Analysts, 109 S. Ct. 2841, 2847-48 (1989)]. If such federal privilege did exist, the EIN user would be covered under the Federal Tort Claims Act. Under the FTCA, the U.S. is subject to liability for the negligence of an independent contractor only if it can be shown that the government had authority to control the detailed physical performance of the contractor and exercised substantial supervision over its day-to-day activities. [U.S. v. Orleans, 425 U.S. 807, 814-15 ('76); Letnes v. U.S., 820 F.2d 1517, 1519 (9th Cir.'87)]. To be perfectly clear, the bona fide legal paperwork (agency record) includes but is not limited to the following documents: 1. Provide a true and correct copy of the Treasury Financial Management Service (FMS)
Form 8655 Reporting Agent Authorization certificate that the EIN user received from FMS then subsequently filed with the IRS Andover Service Center. When no copies are provided, no documents exist.
2. Provide true and correct copies of all documents and other items, including letters,
instructions, etc., that support the FMS Form 8655 sent to and filed by the EIN user. When no copies are provided, no documents exist.
3. Provide a true and correct copy of Internal Revenue Service Form 2678, Employer
Appointment of Agent, filed by the EIN user with the Internal Revenue Service. When no copies are provided, no documents exist.
4. Provide true and correct copies of all documents and other items, including letters,
instructions, etc., supporting the IRS Form 2678 that the EIN user filed. When no copies are provided, no documents exist.
NOTICE: Please note that the Internal Revenue Service also has a Form 8655 with the same title nomenclature but is used for designation of third-party reporting agents. This request is for the Form 8655 Reporting Agent Authorization certificate issued by the
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Financial Management Service (FMS), not the Internal Revenue Service form. FMS authorization is necessarily antecedent to re-delegation of authority as FMS functions as "delegate" of the Secretary of the Treasury, as the term "delegate" is defined at 26 U.S.C. § 7701(a)(12)(A). Therefore, the EIN users acting as the proponents of the rule without the required documented proof lacked the essential characteristics of the Federal Privilege Status as defined in the IRC, and/or as an American Employer covered under the Social Security Act of 1935 [[CITE: SSA Handbook § 962] and/or federal privilege status [CITE: 20CFR202.11]]. Therefore, all reporting companies of record have misrepresented themselves as government entities in order to obtain the fraudulent presumption of my agreement to sign, without full disclosure, a form W-4 Allowance Certificate and/or the compelled use of a Social Security Number (SSN/TIN) in nexus to Me, the sovereign Man on the land outside the scope of federal U.S. jurisdiction. Please take solemn Heed of my following conditional acceptance in good faith and pursuant to the fair use of the Uniform Commercial Code [UCC§§1-103, 1-308(a)] and at [5 U.S.C. §552(a)], and at the fundamental Law of the land: THIS IS WHAT YOU NEED TO DO Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and DOJ FOIA and Privacy Act Regulations (28 C.F.R. Part 16 (2006)) Production or Disclosure of Material or Information, and pursuant to United States Code (U.S.C.) Title 26: certain “employers” who are required under Chapter 24 of Subtitle C to withhold taxes on “employees” treated as “taxpayers”, all “employers” doing business in the private sector are requested to certify their proper legal determination of their enumerated American Employer status (STATE of the UNITED STATES CORP) and/or federal privilege status at [20CFR202.11] for certain ordinary American People workers. [CITE: Title 26 U.S.C. "Subtitle C – Employment Taxes; Chapter 24 – Collection of Income Tax at Source on Wages" – 26 U.S.C. § 3102(b) specifically states who is liable for the FICA tax]. 1. For every company that has ever used a federal Employer Identification Number
(EIN) aka Federal Tax Identification Number to identity itself to file forms W-2/W-3 against SSN 092-40-2212(void) contained in the IRS Individual Master File (IMF), nunc pro tunc calendar years 1965 – 2009, you (or the respective Principal in the first degree) shall complete and certify [CITE: IRC §6065] the answers requested and provide the legal papers demanded in the private interrogatory instrument containing the title - NOTICE: Private Certification of Federal Employer Privilege Status (enclosure 1, firmly attached). When no copies are provided, no documents exist.
2. In lieu of any IRS forms 4852, 843, W-2c, 1040 or any other invalid OMB form:
You should redact to $0.00 USD (zero U.S. Dollars) all amounts reported to the IRS/SSA as federal statutory W-2/W-3 “wages, tips, or other compensation” by any/all EIN users who fail the Federal Privilege Status test for all calendar years stipulated in Item 1 (above) and applied against SSN 092-40-2212(void), nunc pro tunc year 1965.
Administrative Notice of Error Affidavit of Truth
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3. You must apply the true bill to the credit of SS Trust ID: 092-40-2212(Void) and
TIN: 092-40-2212void for all modules maintained in the agency system of record. 4. Return to me, the secured party, all money of value (private property) that has been
extracted from my un-deposited ordinary pay for federal, FICA, and Medicare withholdings by private EIN users (payroll agents) who used proven-fraudulent SSA/IRS entrapment schemes under the color of law for all modules contained in the IRS/SSA system of record for all calendar years 1965 to present day (2009). My actual corporate “income” from any effectively connected federal “trade or business” for said years did not reach the statutory threshold for filing form 1040 in any year, nor is there any valid OMB form responsive to the Replevin of my non-taxable private earnings. [CITE: UCC 1-103(a)].
IMPLIED LEGAL NOTICE With authority at the following Supreme Court rulin gs: “The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to nontaxpayers. The latter are without their scope. No procedure is prescribed for nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them [nontaxpayers] Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws.” [Economy Plumbing and Heating Co. vs. United States, 470 F. 2d 585 (1972)] "Whatever the form in which the government functions, ANYONE entering into an arrangement with the government takes the RISK of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority." [384 FEDERAL CROP INSURANCE CORP vs. MERRILL, 332 US 380] "Fraud vitiates the most solemn contracts, documents, and even judgments." [U.S. vs. Throckmorton, 98 U.S. 61. "contracts"; "documents"; ("Constitutions"); "judgments".]
NOTICE: Decisions pursuant to the authority of My Actions are non-reviewable and are not-committed to agency discretion, and may not be reviewed by any court of law or any administrative agency. NOTICE: My signature on any government IRS and/or SSA OMB form (W-4, W-1040, SS-5) that was obtained by fraudulent means through non-disclosure and/or under the color of law by any foreign and/or domestic agents acting on behalf of the governments, both federal and of this state, is deemed null and void nunc pro tunc the very first year election. Any presumed obligation in assumpsit subsequently arising is hereby annulled ab initio to the date of signing, without recourse to me [CITE: UCC §1-308]. Further: It appears that your use of a social security number is a felony as contemplated by 42 U.S.C., § 408. That code section states, in pertinent part:
(a) In general
Whoever - …
Administrative Notice of Error Affidavit of Truth
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(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.
NOTICE: I have first-hand knowledge of the practices of IRS Revenue Agents acting under the guise of pseudonyms. Therefore, any document required to be made under any provision of the internal revenue laws which is sent via U.S. Postal Service (USPS) from people acting as revenue agents on behalf of the Department of the Treasury [CITE: 27CFR26.11] is REQUIRED to follow the mandatory directive at IRC §6065:
“Except as otherwise provided by the Secretary, any return, declaration, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury.” { Emphasis added}.
If any living, breathing soul rightly disputes the Truth deposed herein and herewith, he or she may respond with certified copies of agency records, and complete the legal paperwork and certify the enclosed F.O.I.A. interrogatory, and/or rebut this affidavit in like manner by counter-affidavit subscribed under Jurat within fifteen (15) days after verifiable delivery of this Instrument. Mail to the account of R.V.C. via USPS Certified Mail at the address provided, else default shall be had in my favor as stated herein, and serves as estoppel. A frivolous response is no response. THIS IS NOTICE OF TACIT PROCURATION You have fifteen (15) days from date of delivery in which you can respond and rebut this Affidavit of Truth, [Uniform Commercial Code: UCC 1-204], unless you request an extension of time in writing. A lack of response, or rebuttal without sealed, notarized Affidavit signed under penalty of perjury, means you assent to this Affidavit of Truth, and all terms in the herewith Administrative Notice of Error and that a fault exists, [UCC 1-201(16)], creating fraud through material misrepresentation that vitiates all forms, contracts, testimony, agreements, etc., expressed or implied, from the very beginning, [UCC 1-103]. A frivolous response is no response. Verification: I have read all of the foregoing and all enclosures and I do hereby solemnly declare, say, and state:
1. I AM competent for stating the matters set forth herewith. 2. I possess first-hand knowledge concerning the facts stated herein. 3. All the facts stated herein are true, correct, complete, and certain, not misleading,
admissible as evidence, and if stating I shall so state.
Administrative Notice of ErrorAffidavit of Truth
F
Pursuant to [28 U.S.C. 1746(l)] and executed "without the United States," I affirm underpenalty of perjury at the laws of the united States of America that all of the foregoing istrue and correct, to the best of my belief and informed knowledge.Further This Affrant SaithNot.
l''SUBSCRIBED, SEALED AIII) AFFIRMED tothis K-e day of
I hereby affrx my own signature to all of the above affirmations with explicit reservationof ALL my God-endowed unalienable rights and without prejudice to ANY of thoserights [U.C.C. I -308(a).
COMMON LAW SEAL PARAMOUNT TO ALL OTHERS
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Not complete without all'enclosures:1. NOTICE: Private Certification of Federal Employer Privilege Status2. Notice of SocialSecurity Numident Null & Void -3. Asseveration of Social Security Coercion4. International Notice of Copyright5. Acknowledgement Exclusive Power of Attorney
Use of Notary is for verification only - not for entrance into any foreign jurisdiction.
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Administrative Notice of ErrorAflidavit of Truth
Certificate of Service
I, the undersigned man, pursuant to [28 U.S.C. 1746(l)l and executed "without theUnited States" hereby certiff under penalty of perjury at the laws of the united States ofA.rnerica that on or about the sixteenth (16*) day of June,200g,a tue and correct copy ofthe foregoing Administrative Notice with all enclosures was mailed U.S.P.S. CERT R/R:7006 2150 0005 4428 6527 postage pre-paid and addressed to:
D. Lovato, FAMCInternal Revenue ServiceFresno, Califomia 93 888-0025
Copies without enclosures sent regular mail to:Clarissa Potter, Acting Chief Counsel,Intemal Revenue ServiceOffice of Counsel, Suite 510740lsth Street, N.W.Washingtoq DC 20220
Patrick O'Carroll Jr., Inspector General of the Social Security AdministrationSocial Security Fraud HotlineP.O. Box 17768Baltimore, Maryland 2123 5
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