Exempt From Taxation By A State

[bruce77]

copied this from:
http://groups.yahoo.com/group/lawfulremedies/files/


on United States lawful money; legal tender, and frns.

Title 18 Section 8 defines a FRN as an "obligation of the United States."

Section 8. Obligation or other security of the United States defined
The term "obligation or other security of the United States" includes all bonds certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued."

Title 31 Section 3124 states that "obligations of the United States are EXEMPT FROM TAXATION BY A STATE."
"Section 3124. Exemption from taxation
(a) Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. ..."
ASK YOUR STATE TAX BOARD IF THEY ARE REQUIRING THE PAYMENT OF ANY STATE TAX DUE, THE INTEREST ON ANY STATE TAX DUE OR BOTH TO BE CONSIDERED IN COMPUTING THE TAX AND SAY GOODBYE TO THE STATE TAX BOARD WITH A BIG "F . . . Y . . AND GO TO H . . L."

Here is a case which I believe is from TEXAS for DESSIE which proves my point above is correct:

In 1983, in the case of American Bank and Trust Co., et al v. Dallas County et al., 483 U.S. 855 (Supreme Court Reports, Lawyers edition, page 3369), Justice Blackmun, writing the opinion, clearly lays out the logic and argument to support the above facts. Justice Blackmun begins by showing that prior to 1959 there was some ambiguity in the law, but in that year Congress amended Rev. Stat. Sec. 3701, 31 U.S. 742 by adding the sentence, "This exemption extends to every form of taxation that would require that either the obligation or the interest thereon, or both, be considered, directly or indirectly, in the computation of the tax."
The issue in this particular case was whether this amendment extended to state taxes on bank shares. The court ruled that it did. In his supreme court opinion Blackmun writes:
"Under the plain language of the 1959 amendment, however, that tax is barred, regardless of its form if federal obligations must be considered, either directly or indirectly, in computing the tax. Giving the words of amended section 3701 their ordinary meaning, there can be no question that federal obligations were considered in computing the bank shares tax at issue here." (Emphasis Added).
He further argues that, since Congress expressly excluded franchise, estate and inheritance taxes from the exemption,
"...congress must have believed that such taxes required federal obligations to be considered, directly or indirectly, in the computation of the tax; otherwise the specific exemption of these taxes would have been superfluous. ..."
Start looking up dictionary definitions of the word "obligation" and you will soon figure out that FRN's are "evidence of debt or credit."

A FRN being "evidence of debt or credit" is nothing more than an "I owe you".

Since the Federal Reserve is privately owned, it’s just common sense that any type of note issued by them is in fact "use of private credit."

Legal terms have specific meanings:

1.) Legal Tender

2.) Lawful Money's of Account.

3.) Lawful Currency

FRN's are LAWFUL CURRENCY!

Wood chips painted in Gold or Silver could also be LAWFUL CURRENCY.

I suggest that you go read Woodruff v. Mississippi which is the leading case that came out of the LEGAL TENDER CASES which is cited in a case here in Washington State called Dennis v. Moses.

The power of the state to declare a legal tender is limited to gold and silver coin. All "lawful money" of the United States is not a legal tender for private obligations by the laws of the United States; . . . The legal tender and gold contract decisions, taken in connection with the recent case of Woodruff v. State of Mississippi, 162 U.S. 291 (16 Sup. Ct. 820), are controlling here." DENNIS v. MOSES., supra. And;

"The Constitution "was designed to provide the same currency, having a uniform legal value in all the States." It was for that reason that the power to regulate the value of money was conferred upon the federal government, while the same power, as well as the power to emit bills of credit, was withdrawn from the States. The States cannot declare what shall be money, or regulate its value. Whatever power there is over the currency is vested in Congress. Legal Tender Cases (Knox v. Lee) supra (12 Wall 545, 20 L. Ed. 310)." NORMAN v. BALTIMORE & O.R. CO., 294 U.S. 240, 303, 79 L. Ed. 885, 900, 55 S. Ct. 407, 414 (October TERM, 1934). And;



"The Constitution ‘was designed to provide the same currency, having a uniform legal value in all the States.’ It was for that reason that the power to regulate the value of money was conferred upon the Federal government, while the same power, as well as the power to emit bills of credit, was withdrawn from the States. The States cannot declare what shall be money, or regulate its value. Whatever power there is over the currency is vested in the Congress." Congress provided in 31 U.S.C.A. section 463, in part, that:
"Every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy; and no such provision shall be contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts." [3-5] The courts have consistently held that the Constitution leaves the power to declare what shall be legal tender prescribed by Congress is not state action as prohibited by U.S. Const., Art. 1, section 10, but rather an effectuation of validly exercised constitutional power of Congress under U.S. Const., Art 1, section 8." CHERMACK v. BJORNSON, 223 N.W. 2nd 659, 661 (November 22, 1974). And;
Note, that in the above cited case CHERMACK v. BJORNSON, supra, that it states ‘discharge’ and the statement of ‘private as against public debt.’ The federal debt of Congress may be required for payment in discharge of its debt; the payment in discharge for private debt cannot be compelled between private parties or the States. The United States by Congress sitting in Washington D.C. can do so, but the States are forbidden and cannot demand or require Federal Reserve Notes in payment of debts, fines, license fees, occupation or privilege taxes, motor vehicle excise taxes, property taxes, retail sales taxes, bails, appellate bonds, fees, or assessments to merely discharge those obligations.
The power of the state to declare a legal tender is limited to gold and silver coin. All "lawful money" of the United States is not a legal tender for private obligations by the laws of the United States; . . . The legal tender and gold contract decisions, taken in connection with the recent case of Woodruff v. State of Mississippi, 162 U.S. 291 (16 Sup. Ct. 820), are controlling here." DENNIS v. MOSES., supra. And;
Article 1, Section 10 is binding on Washington and thus prohibits this court from accepting Federal Reserve Notes where there is NO federal nexus by a state court.
THIS COURT MUST TAKE RCW 5.24.010 JUDICIAL NOTICE OF
TEXAS CODE Art. 4302 Code of Criminal Procedures to wit:
"All recognizances, bail bonds, and undertakings of any kind, whereby a party becomes bound to pay money to the State, and all fines and forfeitures fo a pecuniary character, shall be collected in the lawful money of the United States only." Art. 43.02 Code of Criminal Procedures. And;
California Government Code Section 6850:
"The money of account of this State is the DOLLAR, and all proceedings in courts shall be kept and had in conformity with this section."
In tandem with above:
Title 31 U.S. Code section 371:
"The money of account of the United States shall be expressed in dollars or units, dimes or tenths, cents or hundreth part of a dollar; and all proceedings in the courts shall be kept and had in conformity to this regulation." And;


Title 31 U.S. Code section 311:
"It is declared to be the policy of the United States to continue the use of both gold and silver as standard money. ..." 31 USC 311.

THERE IS NO IRRECUSABLE OBLIGATION WHEN IT COMES TO PAYMENT OF TAXES IN FEDERAL RESERVE NOTES, AS YOU CANNOT BE FORCED OR COMPELLED TO USE FEDERAL RESERVE NOTES PURSUANT TO THE FOLLOWING AUTHORITIES TO WIT:

[bruce77]

"In 1 Dan. Neg. Inst. (6th Ed.) Section 87, the author says:
When the term ‘dollars’ is used in any security for money given in any of the United States, it is understood to mean dollars ‘of legal money of the United States,’ and extraneous evidence will not be permitted as a general rule to give it a different signification."
See, also, the authorities cited, supra. In Corbit v. Smyrna Bank, supra, it is said:
"Bank notes constitute a large and convenient part of the currency of our country, and by common consent, serve to a great extent all the purposes of coin. In themselves they are not money, for they are not a legal tender; and yet they are a good tender, unless specifically objected to as being notes merely, and not money. Miller v. Race, 1 Burr. 457; Bank of United States v. Bank of Georgia, 10 Wheat 333; Handy v. Dobbin, 12 Johns. 220; Wright v. Reed, 3 Term R. 554. They subserve the purposes of money in the ordinary business of life, by the mutual consent (express or implied) of the parties to a contract, and not by the binding force of any common usage; for the party to whom they may be tendered has an undoubted right to refuse accepting them as money." Vick v. Howard, 136 S.E. 101; 116 S.E. 465, 468 (March 15, 1923) And;
The individual cannot be compelled to use ‘federal money,’ nor federal negotiable instruments, Federal Notes (Swanson v. Fuline, 248 F. Supp. 364) the federal reserve being a private corporation (Lewis v. U.S., 680 F.2d 1238 at 1241) which is engaged in commercial activity by law of merchants (UCC 721-1-103)
USE OF FEDERAL RESERVE NOTES IS "USE OF PRIVATE CREDIT" PURSUANT TO LEWIS v. UNITED STATES, SUPRA.
"Bank-notes are the representative of money, and circulate as such, only by the general consent and usage of the community. But this consent and usage are based on the convertibility of such notes into coin, at the pleasure of the holder, upon their presentation to the bank for redemption. This fact is the vital principle which sustains their character as money. So long as they are in fact what they purport to be, PAYABLE ON DEMAND, common CONSENT gives them the ordinary attributes of money. But upon the failure of the bank by which they were issued, when its doors are closed, and its inability to redeem its bills is openly avowed, they instantly lose the character of money, their circulation as currency ceases with the usage and consent upon which it rested, and the notes become the mere dishonored and depreciated EVIDENCES OF DEBT. When this change in their character takes place, the loss must necessarily fall upon him who is the owner of them at the time; land this, too whether he is unaware of the fact. His ignorance of the fact can give him no right to throw the loss, which he has already incurred, upon an innocent third party. In the absence of any special agreement, the very offer of bank-notes, as a payment in money, of a pre-existing debt, is a representation that such notes are what they purport to be, the representative of money, and that they have the quality of convertibility, upon which their currency as money depends. It is only upon this idea that they can be honestly tendered as money, and when accepted as such, under the same supposition, the mutual mistake of facts should no more be permitted to benefit one party or prejudice the other, than if the notes had been spurious, or the payment had been spurious, or the payment had been made in base or adulterated coin. That money paid under a mistake of facts, may be recovered back, is a familiar principle, and the application of the same equitable rule must be permitted to correc t the mutual mistake of the parties in a case like the present. Besides, a contrary doctrine would present temptations, and afford facilities for the practice of fraud and imposition. A party might fraudulently pass the paper of a broken bank, and yet it might be difficult to prove his knowledge of the previous failure. Or if his victim should succeed in passing it to one equally ignorant of the facts with himself, the last recipient would be left to bear the loss, and the fraud crowned with success." WESTFALL, STEWART & CO. v. NEWELL BRALEY, 10 Ohio 188, 191, 192, 75 Am. Dec. 509 (1859). And;
HOPE ALL OF YOU LIKE SOME OF THE QUOTES THAT I HAVE PROVIDE HERE!
I have successfully made CHILD SUPPORT and JUDGMENTS for court cost's, attorney fees in criminal and civil cases go away the extensive briefings that I have done on the money issue, but it is not cheap!

My documents on the MONEY ISSUE are so good that I forced former Governor Albert Lowry to convene an emergency session of the Legislature in 1998 to change the definition of MONEY found at RCW 84.04.060.


RCW 84.04.060 "Money," "moneys" – (1961 Definition)
"Money" or "moneys" shall be held to mean gold and silver coin, gold and silver certificates. treasury notes, United States notes, and bank notes. [1961 c 15 section 84.04.060. Prior: 1925 ex.s. c 130 section 6, part; 1897 c 71 section 4, part; 1893 c 124 section 4, part; 1890 p 531 section 4, part; 1886 p 48 section 2, part; Code 1881 section 2830, part; RRS section 11110, part.]
RCW 84.04.060 "Money," "moneys." – (1998 Definition?)
"Money" or "moneys" shall be held to mean coin or paper money issued by the United States government. [1998 c 106 section 12; 1961 c 15 section 84.04.060. Prior: 1925 ex.s. c 130 section 6, part; 1897 c 71 section 4, part; 1893 c 124 section 4, part; 1890 p 531 section 4, part; 1886 p 48 section 2, part; Code 1881 section 2830, part; RRS section 11110, part.]
I know or should know that the United States government does not issue paper money, thereby making it impossible to pay the alleged debt at law.
I know or should know that the Federal Reserve issues paper money, and loans it to the United States Government, thereby making it an impossibility to pay the alleged debt at law.
WHEN YOU PAY FOR SOMETHING WITH A FEDERAL RESERVE NOTE, YOU ONLY DISCHARGE THE DEBT.
YOU CANNOT "PAY YOUR DEBTS AT LAW" WITH FEDERAL RESERVE NOTES!
THAT'S RIGHT; YOU DON'T EVEN OWN YOUR UNDERWEAR, BECAUSE YOU DIDN'T "PAY" FOR THEM "AT LAW."
Sincerely

Luis Ewing