Commercial Drivers License

After Several Years Of Study, I Still See How Very Little I Really Do Know. I Have A Question About A Commercial Drivers License. As I Become Unplugged I Don't Quite Understand How To Still Have A Means To Sustain Myself While Holding A Commercial Drivers License And Not Have To Be A Part Of Their Privledges Of Taxation, Etc.. From What I Have Found Its Either Hold The License And Submit Or Find A New Way To Sustain. I Do Not Own My Own "rig" So That Binds Me Even More To Be Subjuct To The Privledges Etc. Can Anyone Direct Me Where To Look For More Information.

[Steel]

Originally Posted by Str8Shooter033

After Several Years Of Study, I Still See How Very Little I Really Do Know. I Have A Question About A Commercial Drivers License. As I Become Unplugged I Don't Quite Understand How To Still Have A Means To Sustain Myself While Holding A Commercial Drivers License And Not Have To Be A Part Of Their Privledges Of Taxation, Etc.. From What I Have Found Its Either Hold The License And Submit Or Find A New Way To Sustain. I Do Not Own My Own "rig" So That Binds Me Even More To Be Subjuct To The Privledges Etc. Can Anyone Direct Me Where To Look For More Information.

"Unfortunately, no one can be told what The Matrix is. You have to see it for yourself."

Which is to say, first you have to know who YOU are,
then you have to find YOURSELF,
after that everything else is just a STATE OF MIND
until then and beyond, Keep on Truckin!

thank you for the reply. I guess I stated the question wrong. I read an older post about commercial drivers and Randy(who I did not find in the memberslist) stated he was a "company driver" also and that the "company" he worked for is who enjoys the "privledges" and that the "earnings" he received were not suppose to be "taxed". I would like to know how to acheived this as every alternative I have presented to the "company", I have been told is impossible and that because I hold a "commercial" license I am required to be taxed. I just KNOW that there is a way to enjoy the "fruits of my labor" without having to find a new way to sustain myself.

[farmer_giles_of_ham]

we've been going over this a bit here:

http://www.suijuris.net/forum/taxati...-attorney.html

Sounds like you are looking to free your property from taxation. fair enough. Here is my strategy, and the tactics:

Strategy

The root of your liability is recorded on two documents- the employment contract with the company and the tax form (W9,W4) that you signed making the government a partner.

So thats where you need to start different. Something has to change on both of these documents- a notation such as

"Secure transaction w/o recourse: even-exchange loan proceeds on collateral depost with mutual assurance policy. Redeemed for lawful money at par value w/o gain profit or benefit. All Rights Reserved w/o Prejudice"

This could be stamped above your signature or marked in a box on the form, like "activity purpose" or whichever space is most available.

This is a CYA statement, trying to show a clear intent to exclude any monies received from "gross income". This wording changes the terms of the contract. Hopefully the company would find this acceptable...even if one of these conditions flies that's enough to change the course of business.

Tactics

When the company issues a 1099 or W2 information against you, there is an IRS form to deny or rebut these sort of claims. Maybe one of the readers here can post it's #, starts with a "4" as I remember.

The form just has basic personal info and space for the items you wish to contest. The reason for the denial is also requested on the form, to which I would simply demur. This has the effect of a denial- its saying "I dont understand", "Dont know what they are talking about", "unable to respond for lack of available info".

Because these forms are just hearsay from private accountants and unsworn private inexpert opinions. They are only business records sent for convenience- but if left w/o rebuttal they will stand as evidence.

Your rebuttal in this case is a demurrer, an answer without joining in the merits of the claim or offering a postive defense/alternative scenario- just "I do not understand this".

Because unless you agree with the W2 /1099 info, you have no way of knowing by what cause these items were accounted anyway.

If amounts have been witheld these may be claimed with the typical 1040 form.
---------------------------------------------------

side note:

It may be better to refuse to make any W4 employee allowance form, and just let them withold at the maximum rate. Ask for the refund later. This form is only for employees with allowances anyway.

On the other hand if you substantially change the purpose of the form by adding your wording as indicated above, this point may be moot.

Life is much easier if they just "1099" you, no withholding. Its in the company's interest too, less papers and responsibilities, lower cost etc. If you are going to switch out of "gross income" mode (and enjoy so much more of your property), you can afford to accept a bit less than the company's overall cost for your efforts, which is a saving for them as well. Maybe you can meet at some point of mutual interest.

-------------------------------------------------------------
Now that you have made a sworn declaration(s) rebutting the hearsay account statement, the ball is in the govt's court. Some official at the IRS would now have to issue their own sworn statement ("testimony") actually accusing you of receiving "gross income".

This is I believe called a "general tax assessment" and comes with some stringent regulations- there could be many errors and insufficiencies to attack in the assessment itself, again without joining in the merits of it's conclusions. (this is called a "collateral attack")

Then the govt still has to pursue the matter in court...they are very busy people. I would call it a victory to amicably settle for pennies on the dollar at this point, without admiting liability.

Or go to court and see who can prove their case. The burden is on the prosecution to make a fully-actionable stated cause, in every particular. And to prove every element of the offense or civil item charged. The presumption of innocence is in favor of the defendant.

All in all, good odds to me. Especially if you immunize yourself from civil attack, get "judgment-proof".

Thank you for your answer. I tried to write on the original forms they presented at "orientation" but they were rejected. I did manage to write "duress" under my "signature" when I signed the W-4, I am changing my last name and was told to come into the office and fill out new tax forms with my new license so I may now have the chance to "ammend" the new W-4. Also, I sent via Cert. Mail a set of "ammended" tax forms like the "W-4T", W-8 BEN, and an I-9 stating I was an American National, and they held them but said that they couldnt accept them.

[farmer_giles_of_ham]

well maybe the problem is how you amended these forms. If you could just sneak in a "secured transaction: loan proceeds" for example that would be a big step. And maybe a "w/o prejudice"? P'raps they wont care for that...try "w/o recourse". Or "mutual assurance policy"- like the monies are to cover losses (and therefore excluded from "gross income")

But you know what- it doesn't matter. If you can switch to a 1099 "self-employed" status, and get judgment-proof...let them do the rest. They can make all the arguments they like, you'll answer when you need to- the same tactics are good for any situation, since it's all about a process.

Probably no one would ever even bother you.

Otherwise as indicated above, some people just refuse to make any W4 for example, their money gets withheld at the maximum rate, and a claim for refund is made at the end of the tax year. But hey, "under duress" is something! How about "under objection:wrong form"?

btw- the qualifications go above the signature.

[moishanb]

Originally Posted by farmer_giles_of_ham

we've been going over this a bit here:

http://www.suijuris.net/forum/taxati...-attorney.html

Sounds like you are looking to free your property from taxation. fair enough. Here is my strategy, and the tactics:

Strategy

The root of your liability is recorded on two documents- the employment contract with the company and the tax form (W9,W4) that you signed making the government a partner.

So thats where you need to start different. Something has to change on both of these documents- a notation such as

"Secure transaction w/o recourse: even-exchange loan proceeds on collateral depost with mutual assurance policy. Redeemed for lawful money at par value w/o gain profit or benefit. All Rights Reserved w/o Prejudice"

This could be stamped above your signature or marked in a box on the form, like "activity purpose" or whichever space is most available.

This is a CYA statement, trying to show a clear intent to exclude any monies received from "gross income". This wording changes the terms of the contract. Hopefully the company would find this acceptable...even if one of these conditions flies that's enough to change the course of business.

Tactics

When the company issues a 1099 or W2 information against you, there is an IRS form to deny or rebut these sort of claims. Maybe one of the readers here can post it's #, starts with a "4" as I remember.

The form just has basic personal info and space for the items you wish to contest. The reason for the denial is also requested on the form, to which I would simply demur. This has the effect of a denial- its saying "I dont understand", "Dont know what they are talking about", "unable to respond for lack of available info".

Because these forms are just hearsay from private accountants and unsworn private inexpert opinions. They are only business records sent for convenience- but if left w/o rebuttal they will stand as evidence.

Your rebuttal in this case is a demurrer, an answer without joining in the merits of the claim or offering a postive defense/alternative scenario- just "I do not understand this".

Because unless you agree with the W2 /1099 info, you have no way of knowing by what cause these items were accounted anyway.

If amounts have been witheld these may be claimed with the typical 1040 form.
---------------------------------------------------

side note:

It may be better to refuse to make any W4 employee allowance form, and just let them withold at the maximum rate. Ask for the refund later. This form is only for employees with allowances anyway.

On the other hand if you substantially change the purpose of the form by adding your wording as indicated above, this point may be moot.

Life is much easier if they just "1099" you, no withholding. Its in the company's interest too, less papers and responsibilities, lower cost etc. If you are going to switch out of "gross income" mode (and enjoy so much more of your property), you can afford to accept a bit less than the company's overall cost for your efforts, which is a saving for them as well. Maybe you can meet at some point of mutual interest.

-------------------------------------------------------------
Now that you have made a sworn declaration(s) rebutting the hearsay account statement, the ball is in the govt's court. Some official at the IRS would now have to issue their own sworn statement ("testimony") actually accusing you of receiving "gross income".

This is I believe called a "general tax assessment" and comes with some stringent regulations- there could be many errors and insufficiencies to attack in the assessment itself, again without joining in the merits of it's conclusions. (this is called a "collateral attack")

Then the govt still has to pursue the matter in court...they are very busy people. I would call it a victory to amicably settle for pennies on the dollar at this point, without admiting liability.

Or go to court and see who can prove their case. The burden is on the prosecution to make a fully-actionable stated cause, in every particular. And to prove every element of the offense or civil item charged. The presumption of innocence is in favor of the defendant.

All in all, good odds to me. Especially if you immunize yourself from civil attack, get "judgment-proof".

Form 4852(make sure it is the most updated for the year you are rebutting)

If a 1099, simply do a corrected 1099 with the correct amount of income(or 0 if no income) under penalty of perjury

[fulltitle]

Without Prejudice.
If you consider what a CDL or DL is and if you consider that CDLs or DLs tend to be issued by Revenue-oriented agencies then it all might make sense. And if a SSN is attatched....

One way to deal with 1099s is just write without prejudice on the top of the form.

Maybe even consider the SJ threads on 'non-endorsement'.

There might even be other options.

[KarenM]

Str8Shooter033:

Before you commit to any particular course of action, I suggest that you get advice from other disinterested people instead of putting all of your eggs in one basket with the experts at Sui Juris.

You might find the differences in opinion enlightening.

[Lawdog]

Originally Posted by KarenM

Str8Shooter033:

Before you commit to any particular course of action, I suggest that you get advice from other disinterested people instead of putting all of your eggs in one basket with the experts at Sui Juris.

You might find the differences in opinion enlightening.

Actual experts? You mean like people who are actual lawyers, and know and understand the law?

Surely you jest, KarenM. You know that all lawyers are just pawns of the Satanists/Jews/Freemasons/Illuminati/insert your favorite whipping boy here.

LOL