
10-05-2005, 01:39 PM
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Practice Makes Perfect
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Join Date: Apr 2005
Location: Virginia
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Filing as a nonresident alien....problems?
Okay, in reading "Cracking the Code," I see that a nonresident alien (which most all people born in one of the 50 states of the united States are) does not owe income taxes.
Okay, now, starting this year, I desire to file tax papers as a nonresident alien. Problem is that (obviously) for all prior years, I've filed as a resident citizen. Does one just change filing status and if ever questioned declare (truthfully) that prior filings were in error due to a bad understanding of what the definition of nonresident alien really means or do you have to file amended tax returns for X prior years changing the filing status accordingly?
Anyone been down this road who can give a heads up on what to do?
I know there is something I file listed in "Cracking the Code" that declares and gives formal notice that you renounce any identification as a U.S. Citizen as you now understand the definition of terms as they really apply, but is that enough? I'm starting on working my way through "Cracking the Code" this weekend.
__________________
Eat your bread....
Watch the circus....
....Ignore the Visigoths.
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10-05-2005, 07:13 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,452
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CtC - Nonresident Alien Review FYI
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Originally Posted by macerico
Okay, in reading "Cracking the Code," I see that a nonresident alien (which most all people born in one of the 50 states of the united States are) does not owe income taxes.
Okay, now, starting this year, I desire to file tax papers as a nonresident alien. Problem is that (obviously) for all prior years, I've filed as a resident citizen. Does one just change filing status and if ever questioned declare (truthfully) that prior filings were in error due to a bad understanding of what the definition of nonresident alien really means or do you have to file amended tax returns for X prior years changing the filing status accordingly?
Anyone been down this road who can give a heads up on what to do?
I know there is something I file listed in "Cracking the Code" that declares and gives formal notice that you renounce any identification as a U.S. Citizen as you now understand the definition of terms as they really apply, but is that enough? I'm starting on working my way through "Cracking the Code" this weekend.
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Dear macerico,
I like Cracking the Code, however, I think that there are a few issue you may want to review. I have not used the information myself due to my reluctance to using any IRS forms. These forms are for taxpayers, thus, you must handle them with great care if you wish to maintain that you are not liable for the subtitle A tax.
As you can see from the 10th Circuit case below, it looks like the IRS is making it as hard as possible to claim a non-resident status. I think that a great deal of care must be taken to make it abundantly clear that you are a non-resident alien to the federal United States (the District of Columbia, and any federal possession such as Guam, etc.), and not an non-resident alien to the 50 states (national, I don’t think that there is a clear definition in the tax code). It seems to me that the IRS may be trying to claim that anyone using the 1040NR form, or making any non-resident claim, is foreign to both the federal United States and the united states of America (the 50 states).
Quote:
Defendant Ernest Glenn Ambort appeals his conviction and sentence
following a jury trial on one count of conspiracy to defraud the United States by
assisting in the preparation of false tax returns, in violation of 18 U.S.C. 371,
and sixty-nine counts of aiding and assisting in the preparation of false federal tax
returns, in violation of 26 U.S.C. 7206(2). We affirm.
BACKGROUND
We take the following facts from one of our prior opinions in this case:(1)
The conspiracy count alleges that Defendants operated an
organization known as "Association de Libertas" (ADL) that
conducted "constitutional history seminars" throughout the United
States. It further alleges that ADL leaders falsely told the seminar
attendees that they were "nonresident aliens" exempt from most
federal income taxes. For a fee of $1,500 to $1,600 for "forms
training," ADL instructors taught the attendees how to complete an
amended return form (Form 1040X) and/or a nonresident alien
income tax return form (Form 1040NR), falsely claiming a refund for
past years' taxes. In addition to the above fee, ADL also required
one-third of any refund. To ensure payment, the mailing address of
an ADL instructor or "escrow agent" appeared on the amended
returns. The false return counts allege that the Defendants assisted
in preparation of tax returns that were false and fraudulent as to a
material matter, specifically classifying the taxpayers as nonresident
aliens when the taxpayers were in fact residents of the United States
subject to taxation and not entitled to the refunds claimed.
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the 10th Circuit Ruling
http://laws.lp.findlaw.com/10th/034243.html
Here is the section regarding the "nonresident alien" issue, for your review:
http://famguardian.org/TaxFreedom/Instruct...nshipStatus.htm
http://famguardian.org/forums/index....hl=hendrickson
Take care.
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
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10-06-2005, 02:43 AM
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Practice Makes Perfect
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Join Date: Apr 2005
Location: Virginia
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I downloaded the IRS forms.
Lying bastids want to say even nonresident aliens owe taxes too. Not surprising for IRS forms. Can't get any instructions from the forms themselves that clarify the matter.
So, what do YOU do? Not file at all? You can do that IF you use no bank account or use SSN for most anything. Then, if the IRS contacts you, I suppose you cite that you don't meet the filing requirements for that year.
I checked out the Family Guardian forums. I see the point. As a "National" or "state national", you should file a W-8, not a W-4 with your employer. But, what about tax filing at the end of the year? Someone else here said that it's counterproductive to not file at all.
I'm downloading the forms and looking them over now.
***
Wow. Nice. Somewhat easy to follow and even a checklist of the order to do things in. Thanks.
__________________
Eat your bread....
Watch the circus....
....Ignore the Visigoths.
Last edited by macerico : 10-06-2005 at 03:06 AM.
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10-06-2005, 06:47 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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Quote:
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Originally Posted by macerico
So, what do YOU do? Not file at all? You can do that IF you use no bank account or use SSN for most anything. Then, if the IRS contacts you, I suppose you cite that you don't meet the filing requirements for that year.
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No, you write refused for legal cause on the envelope.
HB and David Merrill have pursued the most scientific way of refusing these things and documenting such in USDC
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I checked out the Family Guardian forums. I see the point. As a "National" or "state national", you should file a W-8, not a W-4 with your employer.
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[b]Really Bad idea. A state national should file nothing, Using their forms give them alleged jurisdiction. As the creator of govenment, why should I use their forms. Macerico, stay out of their sandbox
BTW, Chris Hansens process and research regarding State Nationality is inferior to that of LB Bork's.
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But, what about tax filing at the end of the year? Someone else here said that it's counterproductive to not file at all.
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That is incorrect. If you file in any way showing that you are not giving them any money you are playing with a Hornet's Nest
Last edited by weishaupt1776 : 10-06-2005 at 07:37 AM.
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10-06-2005, 10:02 AM
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Practice Makes Perfect
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Join Date: Apr 2005
Location: Virginia
Posts: 283
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Quote:
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Originally Posted by weishaupt1776
No, you write refused for legal cause on the envelope.
HB and David Merrill have pursued the most scientific way of refusing these things and documenting such in USDC
....
Really Bad idea. A state national should file nothing, Using their forms give them alleged jurisdiction. As the creator of govenment, why should I use their forms. Macerico, stay out of their sandbox
BTW, Chris Hansens process and research regarding State Nationality is inferior to that of LB Bork's.
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That is incorrect. If you file in any way showing that you are not giving them any money you are playing with a Hornet's Nest
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Now I'm a bit confused.
Stop using SSN on ANYTHING....period.
Do not file a tax return....period.
Reject all IRS mail with "refused for legal cause" written on the envelope.
What do you do about your paycheck then? My best idea was to work a relationship change with my boss so that I'm a "service provider" who he compensates when I "invoice" him. I become an independent contractor, but how to get around the 1099 issue is what sticks here.
__________________
Eat your bread....
Watch the circus....
....Ignore the Visigoths.
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10-06-2005, 02:43 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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This is sick and twisted. Your paycheck could get garnished if you don't file.
I know of a guy who did the Nationality Correction and they still withhold from his check
However, he has good grounds and standing for a discrimination lawsuit
The only other thing you could do is convey your house into 1 pure trust
The car into another. Put everything you own into another trust
Get an LLC to "rent" the stuff and obtain a licensing agreement w the trust that owns everything
Get a lease agreement between the Trust and the landlord if you rent and then between the LLC and the Trust
Get your boss to pay the LLC
Write off your leases, equipment/computer rental, phone/roadrunner bill in the name of the LLC
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10-06-2005, 02:56 PM
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Practice Makes Perfect
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Join Date: Apr 2005
Location: Virginia
Posts: 283
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Ick.
Now my head hurts.
There is SO much out there on this topic. What is the BEST way to deal with the issue?
I'd like to put something into play by the end of this year, but I'm not sure which path to travel.
__________________
Eat your bread....
Watch the circus....
....Ignore the Visigoths.
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10-06-2005, 03:29 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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Okay. It sounds like you have a good rapport with your boss, so you don't want to sue him plus he's a lawyer.
If you correct your nationality, you can't receive any mail at your house or have any mail sent to you in your name other than in General Delivery w/ No ZIP.
Get the power company, and all other entities (phone, family, etc . . ) to send your mail general delivery to you
OR have the LLC take over on Bills and get a private box at the UPS store (USPS has cameras) in the name of the LLC.
Get someone to open the box up for you in the LLC name.
If you need to bank, Get your friend to open a joint account with his SSN and you as a joint signor
Have him withdraw from the account and leave you on.
This is meat and potatoes
Bills and all mail to either Genral deliv or to the LLC at the UPSS store
If the LLC is tough cancel your phone, power, etc l. . and have your friend take it over in his name while you pay the bills
This way, you are not receiving the government benefit of receiving mail
After all have been contacted (family, bills, etc . . ) regarding your new mail contact info;
Use the address for a UPS store in another township or away from your neighborhood, and forward all mail to that address
The junkmail senders will receive the stuff back undeliverable and take you off
Take care of this mailing thing first before anything, then we will devise some more steps
Last edited by weishaupt1776 : 10-06-2005 at 04:20 PM.
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10-07-2005, 03:48 AM
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Practice Makes Perfect
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Join Date: Apr 2005
Location: Virginia
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Thanks. That makes a lot more sense. 
__________________
Eat your bread....
Watch the circus....
....Ignore the Visigoths.
|

10-07-2005, 10:06 AM
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Banned User
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Join Date: Feb 2005
Posts: 2,117
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the signature
Quote:
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Originally Posted by macerico
Okay, in reading "Cracking the Code," I see that a nonresident alien (which most all people born in one of the 50 states of the united States are) does not owe income taxes.
Okay, now, starting this year, I desire to file tax papers as a nonresident alien. Problem is that (obviously) for all prior years, I've filed as a resident citizen. Does one just change filing status and if ever questioned declare (truthfully) that prior filings were in error due to a bad understanding of what the definition of nonresident alien really means or do you have to file amended tax returns for X prior years changing the filing status accordingly?
Anyone been down this road who can give a heads up on what to do?
I know there is something I file listed in "Cracking the Code" that declares and gives formal notice that you renounce any identification as a U.S. Citizen as you now understand the definition of terms as they really apply, but is that enough? I'm starting on working my way through "Cracking the Code" this weekend.
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--
re hi, hey and hello.
dont sign it. it's an oath, which is only applicable to employees of the government. are you a civil or military servant?
that oath gives da'feds all the jurisdiction you need and when they show it to the court, and then you deny it, that's called Perjury. "repetan por favor," p,e,r,j,u,r,y.
"Good luck, Mr. Phelps."
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
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