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Old 06-28-2005, 11:12 AM
futop futop is offline
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State Income Tax

I have been working on a default and estoppel with my state revenue department by basically just asking questions and either getting no reponse or non-response so far. It will take a little while but I will get it done. Anyway, my research has revealed something else that can be used in conjunction with what I am doing already. This should be another route that any states with a state income tax can use. Has anybody else tried this route yet? Enjoy...

18 U.S.C. § 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 under any Act of Congress, and canceled United States stamps.
18 USC 8

12 U.S.C. § 411. Issuance to reserve banks; nature of obligation; redemption.


Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.
12 USC 411



And Title 31 USC § 3121 states:


31 U.S.C. § 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, except -
(1) a nondiscriminatory franchise tax or another nonproperty tax instead of a franchise tax, imposed on a corporation; and
(2) an estate or inheritance tax. (emphasis added)
31 USC 3124



Now, unless you got paid in gold or silver coin, you were paid with some form of Federal Reserve Notes ? This is because there are only two forms of legal tender in the U.S. - gold & silver under the Constitution, and Federal Reserve notes under the Federal Reserve Act of Congress (1913). If you were not paid in gold & silver, then you were paid in Federal Reserve notes- obligations of the United States. So how can your State tax those Federal obligations (notes) ?

You see, the truth is, the Federal Reserve Bank was not only designed to undermine the sovereignty of the federal government by making it directly beholden to the "Banksters" (instead of the people) for "money" (thus UTTERLY DESTROYING THE REPRESENTATIVE NATURE OF THAT GOVERNMENT), it was also designed to undermine the sovereignty of the State governments BY DESTOYING THEIR POWER TO TAX WITHIN THEIR OWN JURISDICTION.

BY ALLOWING ALL OF THE LAWFUL "MONEY" (gold and silver coin) TO BE REPLACED WITH NON-TAXABLE (at least, to the States) FEDERAL OBLIGATIONS (evidence of federal debt - Federal Reserve Notes (FRN)), THE STATES HAVE COMPLETELY AND ENTIRELY GIVEN UP AND LOST THEIR POWER TO TAX ANYTHING IN THE STATE EXCEPT REAL ESTATE AND CORPORATIONS. At least according to the laws documented here.
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Old 06-29-2005, 11:45 AM
futop futop is offline
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Anybody????

Does no one have even an opinion about using this against the state income taxes to get a default and estoppel which may be could be used by an appointed fiduciary in a court case? I have seen many posts in this forum concerning the California FTB and how much of a pain they are but I have not seen the information I posted used against them even in the form of a question such as...

Hey revenue guy, I found this information and as far as I know I have always been paid in FRNs. So, can you supply me with evidence that I have been paid in something other than FRNs? If the state income tax is taxing something other than my income which is in the form of FRNs, please tell me what this is.

There is no argument there, only questions. I'm sure it could be worded in a better way which could eventually lead to a more concrete default and estoppel. I know that we are the superior sovereigns and should not use their code but as long as we don't argue, I don't see too much of a problem with it. Use it to let them shoot themselves in the foot.
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Old 06-01-2006, 12:30 AM
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Ice Ice is offline
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[Folks, this is an older thread that, like so many others, I had missed during my absence.]

futop,

More than one full year before you began this thread the "tactic" you suggest was used. The State tax agency has still not responded.

You can read some of the letter here, or you can read the entire thread here.

There are other threads regarding state tax that offer more information and suggestions. This one happens to be my favorite. You may come across one that demonstrates the states must "ask permission" to tax. If you do, compare it to what you have posted and see if there is any connection between the two or how they can be used together.

Ice

Last edited by Ice : 06-01-2006 at 12:33 AM.
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