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  #1  
Old 05-18-2006, 08:47 PM
weishaupt1776's Avatar
weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
When The IRS Knocks

Never leave home without it to coin a phrase or for that matter always have
it at home also. Get this notarized, make copise and carry at least one with
you.

City, State,zip


State )
) ss
County )

Having been duly sworn, Affiant declares the following:
1. Affiant, name,is competent to state to the matters included in this
declaration, has knowledge of the facts, and hereby declares that to the best
of Affiants knowledge the statements made in this affadavit are true, correct,
complete and not meant to mislead.
2. Affiant does not know who you are. The Supreme Court puts the duty of
discovering who you are on the people. Federal Crop Ins Corp v Merril, 332
68S.Ct. 1 (1947) Whatever 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 tp act for th government syas
within the bounds of his authority. The scope of this authority may be
explicitly defined by Congress or be limited by delegated legislation,properly
exercised through the rule making power. And this is soeven though, as here,
the agent himself may have been unaware of th limitations upon his
authority", 332U.S. at 384.

3. Affiant agrees to talk to you after you submit certified copies of the
followin
documents and papers:
a. your oath of office 80 sSat. 424 (D.S.C. 3331)
b.Your employer affadavit 80 Stat. 424 (5U.S.C. 3333 and or
c. Your officer affadavit 80 Stat. 424 (5 U.S.C. 3332)
d. Your surety bond 80 Stat. 411 (5 U.S.C. 2901) and ( D.C. Code 11-7040)
e. Your registration 109 Stat. 699 (22 U.S.C. 611) and 80 Stat. 245 ( 22U.S.C.
612)
f. Your delegation of authority from the department head you claim to
represent.
g.One other form of government picture identification that is not issued by the
same department.
h. Your delegation authorizing you to call yourself a " law enforcement
officer"
4. Affiant reserves all rights

Further Affiant sayeth naught.

Signature

State )
) ss
County )

Notary Statement


You may want to change " law enforcement officer "to whatever they are
claiming their title is in part h.
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  #2  
Old 05-19-2006, 10:53 AM
Shoonra Shoonra is offline
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Join Date: Oct 2005
Location: Maryland
Posts: 2,745
A waste of paper, money and energy.
WHat's the point of having this nonsense notarized BEFORE you meet the policeman? How can you swear in advance of encountering him that you don't know him?

Apart from that, these "Public Servant Questionnaires" have been raised - and trashed - in a number of court cases already. It has been consistently held that policemen and other public employees are not required to answer them in order to perform their official duties.

The citation of federal laws, (such as title 5 of the US Code) which relate only to the federal civil service, seem completely off the mark when dealing with a city or state policeman.

People who have tried to impose this sort of test on policemen as a prerequisite for cooperating with them have, instead, been arrested and convicted of obstructing the police. City of Billings v. Skurdal (1986) 224 Mt. 84, 730 P.2d 371 cert. denied 481 U.S. 1020; People v. Krum (1965) 374 Mich. 356, 132 N.W.2d 69 cert. denied 381 U.S. 935.

Most people, normal people, would prefer to cooperate with a policeman with a badge and uniform and distinctive police car than be arrested (and/or beaten) for vexing him.
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  #3  
Old 05-19-2006, 01:09 PM
AndyK AndyK is offline
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Join Date: Apr 2006
Location: Maryland
Posts: 292
Quote:
Section 3331. Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed
services, shall take the following oath: ''I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.'' This section does not affect other oaths required by law.

The oath is administered verbally. There are no "signed copies" of it, except for a statement in the personnel records (which are private) to the effect that the oath was administered on xxxxx date.

Quote:
Section 3333. Employee affidavit; loyalty and striking against the Government
(a) Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.
(b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of section 7311 of this title.


Section 7311. Loyalty and striking
An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he -
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.

I fail to see the significance of demanding to see this document. Plus, it, too, is a part of the personnel file.

Quote:
Section 3332. Officer affidavit; no consideration paid for appointment
An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.

See comment, above.

Quote:
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA
SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS
Section 611. Definitions
Section 612. Registration Statement

And how does this relate to government employees?
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  #4  
Old 05-25-2006, 12:27 PM
Petrous's Avatar
Petrous Petrous is offline
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Join Date: May 2006
Posts: 41
Quote:
Originally Posted by Shoonra

Most people, normal people, would prefer to cooperate with a policeman with a badge and uniform and distinctive police car than be arrested (and/or beaten) for vexing him.

Does the IRS employee have a badge, uniform, and distinctive IRS car?
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  #5  
Old 05-25-2006, 01:21 PM
Shoonra Shoonra is offline
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Location: Maryland
Posts: 2,745
IRS auditors and investigators have distinctive IDs, badges, and badge wallets. For all I know, they have more than that. Pretty much like FBI men and other T-men.
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  #6  
Old 05-25-2006, 02:30 PM
AndyK AndyK is offline
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Join Date: Apr 2006
Location: Maryland
Posts: 292
Quote:
Originally Posted by Petrous
Does the IRS employee have a badge, uniform, and distinctive IRS car?

All IRS employees have official credential documents which they are required to produce on demand.

The uniforms are business casual of suits and the cars are either personal vehicles or GSA econo-boxes.
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