REVOKING YOUR SIGNATURE ON A W-4

[Destry]

REVOKING YOUR SIGNATURE ON A W-4

One of our members was able to reach a well known Enforcement Officer at the STATE OF CALIFORNIAN FRANCHIS TAX BOARD. This Citizen asked the officer some very pointed questions such as, "Is the personal income tax mandatory or voluntary?" The Officer skated around the issue for ten minutes but the Citizen stayed on point. "Is the income tax mandatory or voluntary for a Citizen of the 50 states engaged in an occupation of common right in the 50 states?" Finally, to the Citizens surprise, the Officer conceded, "It's voluntary." The Citizen responded, "Well, I didn't volunteer."
The Enforcement Officer immediately answered, "yes, you did?" To which the Citizen replied, "When did I volunteer?" The Officer's response was extremely enlightening, "You volunteered when you signed and submitted you W-4 Form."
This Officer's comment reinforces the importance of filing the proper forms with the Employer. If the employer refuses to accept forms, they may be sent via registered mail, return receipt requested. When you send documents via registered mail. They are presumed to have been received.
If you have previously filed a W-4 Form, it is important to send a Revocation Form to your employer, the IRS, and the State. A example is included. This will rebut any erroneous presumption by the IRS that you have agreed to be enslaved by the IRS, three hours a day, or gift them a third of your paychecks.
The proper Forms for a sovereign state Citizen are a W-8 and an "In Lieu of W-4 Form". Also include of state "Withholding Exemption Certificate". Remember, the regulatory authority for the "In Lieu of W-4" in CFR 31.3402 (f) (2) which states: "On or before the date on which an individual commences employment with an employer, the individual shall furnish the employee with a signed Withholding Exemption Certificate (Note that it does NOT state a Withholding Allowance Certificate which is what employers are currently demanding)........
".. Or if the statements described in 31.3402 (n)-1* are true with respect to an individual, he may furnish his employer with a signed withholding exemption certificate which contains such statements in lieu of the first mentioned (W-4) certificate. For form and content of such certificates, see 31.3402 (0(5)-1**. The employer is required to request a withholding exemption from each employee, but if the employee fails to furnish such certificate, such employee shall be considered as a single person claiming no withholding exemptions."
* 31.3402 (n) states: Employees incurring no income tax liability. "...An employer shall not deduct and withhold any tax under chapter 24 upon a payment of wages... if there is in effect, with respect to the payment, a withholding exemption certificate furnished by the employee which contains the statements that
(a) The employee incurred no liability for the income tax imposed under subtitle A of the Code for his preceding taxable year
(b) The employee anticipates that he will incur no liability for income tax imposed by subtitle A for his current year."
IMPORTANT** 31.3402(f)(5)-I, states that the Tables and Instructions provided with a standard W-4 must also be included with the "in lieu of" W-4 Form. Include a copy of these so that the IRS doesn't try to escape on a technicality which is their typical M.O.
(Modus Operandi). Also include a Copy of the state "Withholding Exemption Certificate or your state's equivalent form.
Regardless of what the IRS may want to mislead your employer into believing, it is not lawfully within the discretion of the employer to change a W-4 Form that you have signed under the penalty of perjury. "The Employer is not authorized to alter the [W-4} form or to dishonor the employee's claim." U..S. vs Malinkowski 47 F Supp.352 (1972)

Your full name include your full legal name, including your full middle name, as it appears on your birth certificate. Address , in c/of city and state Do Not Abbreviate. Use upper and lower case letter. ALL CAPS INDICATES INCORPORATION.







REVOCATION OF SIGNATURES AND POWERS OF ATTORNEY
ON PREVIOUSLY FILED W-4 FORMS, 1040 FORMS
AND STATE INCOME TAX FORM

I, _____________________________, hereby attest and affirm that I am a natural born sovereign Citizen of ___________________, a sovereign Union State in the America Republic.
I am permanently domiciled in_______________ a sovereign Union state in American, where I have lived since the _____________(month) of the __________(year), for a period of _______years and ______ months.
I hereby revoke, rescind and make void ab initio (from the beginning) all of my signature on any and all previously filed IRS W-4 Forms, 1040 Forms and State Income Tax Forms.
I further revoke all powers of attorney connected thereto.
Such revocation are made on the grounds that I was induced by fraud to sign such forms and that I was deprived of my substance, and my substantive fundamental rights, being denied full disclosure of the voluntary nature of such forms.
I was mislead and coerced into believing that, filing an IRS W-4 Form was required by law, even though the IRS knows, pursuant to the Individual Master File which they maintain on me, that I am not an "employee" of the United States, the District of Columbia, a State, a Municipality or any agency or instrumentality thereof, and that I am not involved in any "Revenue Taxable Activities."
I was also mislead into believing that I could not file an "In lieu of a W-4," claiming an exemption from withholding, pursuant to 26 CFR 31.3402 (n)-1, and that I would be denied employment for not filing a W-4 Form.
I need employment to sustain myself and my family and filed such forms under duress and coercion.
I was, further, defrauded by coercion and fear into believing that my compensation for labor in the private sector, earned in one of the 50 Union states in the American Republic, was "taxable income," and that I was required by law to file a 1040 Form and a State Income Tax Form or be subjected to interest, penalties, potential prison time,and/or loss of my property.
I further revoke, rescind and make void ab initio any presumptive jurisdiction and all powers of attorney pertaining to me for any and all governmental/quasi/colorable agencies and/or Departments created under the authority of Article I, Section 8, Clause 17 of the Constitution, on the grounds of fraud, unconscionableness, and a lack of full disclosure.
I declare under penalty of perjury under the Laws of _______ and these united States of American that, to the best of knowledge and belief, the forgoing is true and correct.

_____________________
(your name)

STATE OF ____________________
_____________________ COUNTY

I hereby certify that on this ____ day of ____________200__, the above name Citizen whom I know (or has satisfactorily proved to me), appeared to attest and affirm that he/she is the Citizen executing the forgoing document.
I, THEREFORE, set forth my hand a seal in affirmation the execution thereof.

_________________________
NOTARY PUBLIC
DATE

My Commission Expires





PROOF OF SERVICE
I do hereby declare under penalty of perjury that I have served the party(s) name hereon with a true copy of the document within, by Registered Mail with Return Receipt Requested, on behalf of __________________ from the city of ______________
In the state of___________________ this _____ day of _________ 2002

_________________________
Signature of Person Serving