WITHHOLDING RESEARCH page 14
MY CONCLUSION:
For me, since:
I am not a 1441 Non-Resident Alien, and
I am not, nor do I own a 1442 Foreign Corporation, and
I am not, nor do I own a 1443 Foreign Tax-Exempt Organization, and
I am not a Title 26, Subtitle A, Chapter 3 person,
(i.e. 1444 Virgin Islands worker, and not a
1445 Foreign person owning U.S. property, and
am not a 1446 Foreign Partner), and
since 1461 applies to ONLY Chapter 3 withholding, and
since all three statutes of 1462, 1463 and 1464 are also under Subchapter B,
which is a part of Chapter 3, which does not apply to me, AND
since 1462, 1463 and 1464 ALL have NO enforcement regulations -
and therefore cannot be LAWFULLY enforced against me,
then: withholding has never, ever applied to me - - PERIOD.
So here is my last question to you. Did you arrive at the same conclusion for yourself?
(1) (Yes) (2) (No)
If withholding does not apply to you, and you are already working at a job where withholding is taking place against you, and you come to the realization that your W-4 was forced, coerced, tricked or pushed on you, without your full, knowingly intelligent act, and IF you also wish to CEASE withholding against you, then as the Federal regulations above require, you must do so by tendering a “signed, written notice” to the employer.
I have one posted at the bottom of this research. You may use it or make one up of your own, or find somebody else’s. But whatever one you use, I personally believe that it needs to state or contain the minimum following elements.
I personally, would not want to void a W-4 withholding document WITHOUT ALSO providing a print out of ALL OF THIS ABOVE INFORMATION as a full document support to my request, AND I would only use a Sworn Affidavit format for that notice. Why is that?
Unrebutted affidavits stand as fact at law. Both State and Federal caselaw supports it.
I rely upon the un-overturned, shepardized Texas case of Morris v National Cash Register, 44 S.W. 2d 433, which clearly states at point #4 that “ uncontested allegations in affidavit must be accepted as true.”, and the Federal case of Group v Finletter, 108 F. Supp. 327 which states, “Allegations in affidavit in support of motion must be considered as true in absence of counter-affidavit. These cases prove the power of an un-rebutted affidavit.
I do not believe anyone in their right mind, and at the same time honest, would be willing to state under the penalties of perjury that withholding applied to you, when you have examined these pages and made your own determination that withholding does not apply to you, and you then prepare a sworn affidavit that withholding does not apply to you, along with this research supporting it, (pages 1 through 28) as an exhibit attached to and behind it, and filed into the Corporate Offices of the company or organization where you work.
This leaves the only issue that I know some of you are going to ask yourself, and that is:
“IF I FILE A NULLIFICATION TO MY FORMERLY SIGNED W-4, AND I RECEIVE ALL OF MY MONEY THROUGHOUT THE ENTIRE YEAR, THEN WON’T I OWE A BIG LUMP SUM AT THE END OF THE YEAR?”
The answer to that question is to be found in my Withholding Research Part 2.
Thank you for allowing me to share what I have mined from the pages of the laws of America.
This material was researched and logged in the manner that you see it, by a Paralegal, Brady Byrum, who can be reached by email at byrumbhive@hotmail.com
Comments, discourse and questions are 100% acceptable. False accusations and unsupported claims of “IT’S THE LAW, SO JUST DO IT”, will not be answered and deleted.
Feel free to re-publish and forward and USE this research in its entirety, as it is written, unchanged, with full credit as shown, for the (re)education of the general public, especially those Personnel Directors, Human Resource Managers, Corporate Lawyers, and Corporate Accountants, who have been trained to repeat only what they were told, about this very vital topic, but who have never placed this information into your hands. :)
State of ________________________ )
) ss: Know all men by these presents:
County of ______________________ )
SIGNED, WRITTEN NOTICE
IN THE FORM OF AN AFFIDAVIT OF FACTS
1. I affirm that I, __________________________________, the undersigned Affiant did personally appear before the Notary Public in _______________ County, State of ______________________, and after being duly sworn to on my oath; State, Declare and Depose all of the following:
2. I affirm that I am over the age of eighteen (18) years of age, and I am of sound mind and memory, and am capable of making this affidavit.
3. I have personal knowledge of all of the statements in this Affidavit, and I do hereby certify and verify that all of the statements in this affidavit are true and correct to the best of my ability and understanding, and that it is sworn to and signed under the penalties of perjury of these united states of America.
4. I affirm that I am making and serving my employer ____________________________ with this SIGNED, WRITTEN NOTICE IN THE FORM OF AN AFFIDAVIT OF FACTS that I desire to cancel and am hereby canceling my former withholding statement, because:
any and all previous document (W-4’s) were NOT signed with my full, knowingly willing signature, according to the United States Supreme Court ruling of Brady v U.S. 397 U.S. 742, 748 (1970), and
NO ONE at this company or organization made me aware that the W-4 was voluntary, per the Internal Revenue Manual on Collections: 5.14.10.2.2 and the Code of Federal Regulations 26 CFR § 31.3402(p)-1 Voluntary Withholding Agreements, and further,
I was not ever informed that according to 26 USC 7701(16), withholding agents are required to withhold on only four statutory activities or categories of persons, (26 USC 1441, 1442, 1443 and 1461) none of which apply to me, and further
26 USC 1444 does not apply to me, 26 USC 1445 does not apply to me, 26 USC 1446 does not apply to me, because they are all in Subchapter A of Chapter 3, which does not apply to me, and
Chapter 3 does not apply to me, and thus Subchapter B of Chapter 3 does not apply to me, and therefore, 26 USC 1462 does not apply to me, 26 USC 1463 does not apply to me and 26 USC 1464 does not apply to me, because they are in Subchapter B.
5. Therefore, I affirm that any withholding that takes place against me, from my paychecks, from now on, (unless ordered by a Court Order, signed by a Judge with competent jurisdiction OR unless a condition that formerly did not apply to me does in the future), will be a THEFT BY CONVERSION, a State Crime, that will be prosecuted upon in the appropriate courts. Retaliation, in the form of firing, for exercising a right allowed by law, will be a tort and crime in violation of the laws of this state.
6. I affirm that I rely upon the un-overturned, shepardized Texas case of Morris v National Cash Register, 44 S.W. 2d 433, which clearly states at point #4 that “ uncontested allegations in affidavit must be accepted as true.”, and the Federal case of Group v Finletter, 108 F. Supp. 327 which states, “Allegations in affidavit in support of motion must be considered as true in absence of counter-affidavit.”, and because of that reliance, if anyone desires to contest my withholding-cancellation affidavit, they must challenge my lawful ability and authority to do so by sworn affidavit, signed under the same penalties of perjury as I have done, stating that the law, caselaw, facts and evidence I have provided is patently false or so grossly misunderstood as to be in error, and provide their support for such claims with law, caselaw, facts and evidence that fully supports their claims. I affirm that anyone attempting to challenge my claims without serving me with their signed, sealed, sworn counter-affidavit, supported by Statutes, Regulations and Caselaw proof, will be deemed an interloping, lying, barratrous *quisling by their actions. In absence of said counter-affidavit, I reserve my rights to stand on the research, law, caselaw, facts and evidence attached hereto, as uncontested for all purposes in law and at law, forever. *(someone who collaborates with an enemy occupying force)
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO AND SUBSCRIBED TO BEFORE ME,_____________________________ ________________________, a Notary in and for the State of _______________________, on this the ______ day of _________________________, 20_____.
x_______________________________ x ______________________________
Affiant Notary Public
My commission expires_________________ seal or stamp.
If you have made it to the end of my research report, and you desire to cease withholding on you, because you now clearly know beyond a shadow of doubt that none of the withholding statutes apply to you and your work that is being performed in one of the 50 compact states of the union, known as the united States of America, then it is my desire to empower you with one last document that you could give to someone (usually the payroll manager, fiduciary, corporate CPA or corporate lawyer) who is reluctant or refusing to comply with your lawfully tendered NOTICE AFFIDAVIT above.
What this would do is to put them on full, clear notice that if they fail to cease withholding on your pay, they are putting themselves at personal risk of a suit for conversion or theft by fiduciary, for damages UNLESS they are willing to sign the below affidavit under the penalties of perjury. If they KNOW that refusing to cease withholding is supported by law, they should have no problem in completing and signing the below affidavit. (In most, if not all states, perjury carries a felony conviction with fines and/or imprisonment).
---------------------------------------------------------------------------------------
State of _______________________ )
County of ______________________ ) ss: Know all men by these presents:
SIGNED, WRITTEN COUNTERAFFIDAVIT
1. I affirm that I, __________________________________, the undersigned Affiant did personally appear before the Notary Public in ____________________ County, State of ______________________, and after being duly sworn to on my oath; State, Declare and Depose all of the following:
2. I affirm that I am over the age of eighteen (18) years of age, and I am of sound mind and memory, and am capable of making this affidavit.
3. I have personal knowledge of all of the statements in this Affidavit, and I do hereby certify and verify that all of the statements in this affidavit are true and correct to the best of my knowledge, training, ability and understanding, and that it is sworn to and signed under the penalties of perjury of these united states of America.
4. I affirm that _______________________________ has served me with a copy of their SIGNED, WRITTEN NOTICE IN THE FORM OF AN AFFIDAVIT OF FACTS, and 28 pages of WITHHOLDING RESEARCH, showing that they desire to cancel their former withholding statement
5. I affirm that I am not going to comply with their request for cessation of withholding, because I have personally made the legal determination that withholding applies to ________________________________, because, according to 26 USC 7701(16), the withholding statute(s) [please circle which one or ones apply] 1441, 1442, 1443 or 1461 apply(ies) against them, and the reason that the statute(s) listed and circled above apply(ies) to them is because I declare that they are [please circle all appropriate section definitions]:
(1). A 26 USC 1441 Non-Resident Alien
(2). A 26 USC 1442 Foreign Corporation
(3). A 26 USC 1443 Foreign Tax Exempt Organization
(4). A 26 USC 1444 Virgin Islands worker
(5). A 26 USC 1445 Foreign Real Estate Owner
(6). A 26 USC 1446 Foreign Partner in a Foreign Partnership
(7). A 26 USC 1461-Chapter 3-Non Resident Alien or Foreign Corporation
I affirm that I am fully aware of all of the civil and criminal liabilities for making legal determinations for another person without the delegated authority to do so, and further that I affirm that I am making myself personally liable for the declarations in this Sworn Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO AND SUBSCRIBED TO BEFORE ME,_____________________________ ________________________, a Notary in and for the State of _______________________, on this the ______ day of _________________________, 20_____.
x_______________________________ x ______________________________
Affiant Notary Public
My commission expires_________________ seal or stamp.
Withholding Research PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14
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