PROOF OF FACTS: How government and private industry hide or interfere with American Nationals being Nonresident Aliens

By ftsig-admin | June 25, 2025

Trying to pursue the Nonresident Alien Position as an American National is like trying to look at and measure the size and mass of the black hole at the center of our Galaxy. Its strong gravity prevents it from emitting any light, radiation, sound, or matter you could use to measure it. The only way you can measure anything about it is to look at the effect it has on the objects around it. The guy who measured the mass and size of the black hole at the center of our galaxy won a Nobel Prize for doing it. He pointed a radio telescope at the center of the galaxy, measured the size and speed of the stars rotating around that center, and applied the Newtonian laws of physics to calculate its size and mass.

Implementing the nonresident alien position as an American National is implemented the same way of “seeing” or “measuring” a black hole:

  1. Congress has no legislative jurisdiction over the subject matter so they can’t define anything or anyone about it. The only jurisdiction they can have is jurisdiction YOU GIVE them through YOUR OWN election/consent. That election then produces what the U.S. Supreme Court calls a “quasi-contract”.
  2. The term “nonresident alien” at 26 U.S.C. §7701(b)(1)(B) is therefore a DESCRIPTION but not a DEFINTITION. It describes what it is NOT, but not what its IS. 26 C.F.R. §1.1441-1(c)(3)(ii) even acknowledges this as a DESCRIPTION rather than a definition.
  3. The regulation at 26 C.F.R. §1.871-1 lists only a SUBSET of those who can be part of the class: Namely alien individuals, but not ALL of those who are. The IRS Form 1040-NR, for instance, lists entity types on the form that can be “nonresident aliens” WITHOUT any express statutory or regulatory authority for doing so. So obviously, the term is completely subjective.
  4. Only one statute, 26 U.S.C. §873, connects American Nationals to the “nonresident alien” status, but only when they are pursing privileged deductions. They had to to this because they MUST give you the constitutionally required “reasonable notice” of how you become a party with CIVIL OBLIGATIONS produced BY the pursuit of privileges of any kind under a federal franchise. In this case, the alleged privilege is “trade or business” deductions under 26 U.S.C. §162, but even those technically don’t deliver any REAL consideration in the case of those whose earnings are PRIVATE and therefore EXCLUDED.
  5. The IRS doesn’t define ALL who are or can be “nonresident aliens”. Only the SUBCLASS of aliens in the class.
    https://www.irs.gov/individuals/international-taxpayers/nonresident-aliens
  6. No statute gives the constitutionally required “reasonable notice” of how you can become or remain one.

You can prove the position exists by by drilling down to the point of eliminating all privileges and looking at if American Nationals are taxed in that scenario.

  1. If you avoid the “U.S. person” privilege and election, you default to Nonresident Alien. This is the default status for most Americans.
  2. If you avoid “effectively connected” elections in 26 U.S.C. §864, you end up at 26 U.S.C. 871(a), Not Effectively Connected. This election is voluntary for American nationals with the possible exception of 26 U.S.C. §864(c)(8), which is nonresident aliens in a “U.S. person” partnership using IRS Form 1065. The correct partnership for most Americans is the foreign partnership filing the SPECIAL Form 1065.
  3. If you look at what is taxed in 26 U.S.C. §871(a), you find that it is “gross receipts” instead of profit as required by Article 1, Section 2, Clause 3 and Article 1, Section 9, Clause 4 of the Constitution.
  4. You look at foreign affairs jurisdiction over aliens in Article 1, Section 8, Clause 3, and you find that it PREEMPTS constitutional prohibitions against Direct Taxes in Article 1, Section 2, Clause 3 and Article 1, Section 9, Clause 4 of the Constitution in the case of aliens and foreigners doing business with areas under the exclusive jurisdiction of states of the Union.
  5. There ARE places in United States* the COUNTRY and within states of the Union where the constitutional limitations on direct taxes do not apply. These are called “federal enclaves” or “federal areas”. According to Microsoft Copilot, these are the ONLY areas where an income tax on GROSS RECEIPTS would even be constitutional or lawful under 26 U.S.C. §871(a), EVEN in the case of American Nationals residing there:
    Microsoft Copilot: Unconstitutional Conditions Doctrine applied to Federal and State Income Taxation, FTSIG
    https://ftsig.org/microsoft-copilot-unconstitutional-conditions-doctrine-applied-to-federal-and-state-income-taxation/
  6. You consider that American nationals, even when abroad, are NOT aliens, so they don’t come under the foreign affairs jurisdiction of the national government UNLESS and UNTIL, they ELECT protection like Cook did in filing a 1040 tax return while domiciled in Mexico abroad. See Cook v. Tait, 265 U.S. 47, 56 (1924). If they don’t elect, the legal definition of “justice” itself DEMANDS that they be LEFT ALONE and not taxed or regulated to pay for “protection” they don’t want, don’t need, and insist on NOT paying for. See:
    What is “Justice”?, Form #05.050
    https://sedm.org/Forms/05-MemLaw/WhatIsJustice.pdf
  7. You then look at the Schedule NEC and find that EVERYTHING on the form deals with privileged foreign affairs of ONLY aliens, either through Tax Treaty benefits on the top of the form or aliens buying property inside the country on the bottom of the form.
    https://www.irs.gov/pub/irs-pdf/f1040nrn.pdf
  8. The ONLY way left for Congress to tax people who are not aliens standing on land protected by the constitution then becomes an election of some kind. Otherwise they would be unconstitutionally instituting a direct, unapportioned tax on GROSS RECEIPTS and CAPITAL, rather than purely PROFIT. See:
    Microsoft Copilot: Is the income tax a DIRECT tax or an INDIRECT tax?, FTSIG
    https://ftsig.org/microsoft-copilot-is-the-income-tax-a-direct-tax-or-an-indirect-tax/

There is therefore NO option available OTHER THAN to conclude that Congress cannot institute an income tax on gross receipts against non-aliens in states of the Union standing on land protected by the constitution and that if they do, they need your consent and election. And if you don’t elect ANYTHING, you’re a non-taxpayer and a non-person as documented below, and they will do EVERYTHING in their power to prevent you from taking that exit door:

Non-Resident Non-Person Position, Form #05.020
https://sedm.org/Forms/05-MemLaw/NonresidentNonPersonPosition.pdf

Lawfully avoiding income tax then becomes as simple as stating:

  1. I’m an American national standing on land protected by the constitution.
  2. I am therefore not an alien under the foreign affairs jurisdiction of the constitution.
  3. I therefore don’t fall in the Not Effectively Connected (NEC) category on Schedule NEC, which is a direct, unapportioned tax upon PRIVATE property and CAPITAL called “gross receipts” rather than merely “PROFIT”.
    3.1. I would have to be an alien to fall in this category.
    3.2. That category relates to treaty benefits I can’t take advantage of unless abroad anyway. Only aliens can pursue treaty benefits within the country.
  4. I don’t consent to elect to “effectively connect” my earnings under 26 U.S.C. §864, because I don’t have income I need to reduce with privileged deductions anyway under 26 U.S.C. §162.
  5. So I don’t and can’t owe you any tax at all. The only way I CAN owe you anything is to make an election and thus volunteer, and I insist on NOT doing so:
    How American Nationals Volunteer to Pay Income Tax, Form #08.024
    https://sedm.org/Forms/08-PolicyDocs/HowYouVolForIncomeTax.pdf
  6. Because I don’t owe you anything, if you have MY money in your possession, I as the absolute owner make all the rules until you “return” it, just like you want me to do with you. Here are my rules, and I’m renting it to you now and throughout the entire future:
    Injury Defense Franchise, Form #06.027
    https://sedm.org/Forms/06-AvoidingFranch/InjuryDefenseFranchise.pdf

The beauty of this position as an American National is that no one can ever prove you wrong, and the only thing you have to do is claim the constitution and rejection of elections/privileges to invoke it. Who can argue with the constitution and the fact that you never consented to surrender it’s protections by making an election to permit gross receipts taxation in exchange for the privileges doing so delivers?

There are therefore a number of tactics taken by the Government and the IRS to hide this information, dissuade American Nationals from using it, and in effect punishing them for pursing it. This section summarizes those unscrupulous tactics and reveals a vast conspiracy by each branch of the government to avoid, interfere with, punish, and obfuscate attempts by American nationals from using it. They represent a “diabolically orchestrated”, narcissistic, and satanic plan to undermine the constitution and implement a de facto government as described in:

De Facto Government Scam, Form #05.043
https://sedm.org/Forms/05-MemLaw/DeFactoGov.pdf

The MAIN way of undermining the constitution documented on this site is to HIDE or AVOID the requirement for EXPRESS, INFORMED consent that is the ONLY lawful basis to surrender PRIVATE rights or convert them to PUBLIC rights.

Invisible Consent, FTSIG
https://ftsig.org/how-you-volunteer/invisible-consent/

Thus, there is LEGAL DECEPTION (Form #05.014) implemented by EQUVOCATION and OMISSION, motivated mainly by covetousness of public servants and in violation of their FIDUCIARY OATH to protect ABSOLUTELY OWNED PRIVATE PROPERTY (Form #14.018) that is the ONLY subject of the Bill of Rights:

“As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. [1]  Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [2]   That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves. [3]  and owes a fiduciary duty to the public. [4]   It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. [5]   Furthermore, it has been stated that any enterprise undertaken by the public official which tends to weaken public confidence and undermine the sense of security for individual rights is against public policy.[6]”

[63C Am.Jur.2d, Public Officers and Employees, §247]

__________________

FOOTNOTES:

[1] State ex rel. Nagle v Sullivan, 98 Mont 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v Hague, 18 N.J. 584, 115 A.2d. 8.

[2] Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust.  Madlener v. Finley (1st Dist) 161 Ill.App.3d. 796, 113 Ill Dec 712, 515 N.E.2d. 697, app gr 117 Ill Dec 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145, 538 N.E.2d. 520.

[3]Chicago Park Dist. V. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec.134, 437 N.E.2d. 783.

[4] United States v. Holzer (CA7 Ill) 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed.2d. 18, 108 S.Ct. 53, on remand (CA7 Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed.2d. 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864 F.2d. 1056) and (superseded by statute on other grounds as stated in United States v Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities on other grounds noted in United States v. Boylan (CA1 Mass) 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).

[5] Chicago ex rel. Cohen v Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434 N.E.2d. 325.

[6]Indiana State Ethics Comm’n v. Nelson (Ind App) 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May 28, 1996).

1. Legislative Branch

  1. Terms surrounding this issue describe what they are NOT, and not what they ARE. This is because Congress cannot civilly DEFINE what they have no jurisdiction over or property interest in. Thus, terms describing the position are not “definitions” in a legal sense because they do not accurately and completely describe all things that are INCLUDED in the definition.
    1.1. “foreign person” in 26 C.F.R. §1.1441-1(c)(2).
    1.2. “nonresident alien” in 26 U.S.C. §7701(b)(1)(B).
  2. Terms surrounding the issue use the word “includes” and “including” in their definition so that everything that is included is not indicated. 26 U.S.C. §7701(c). Thus, the statutes fail the Constitutional requirement for “reasonable notice”, which requires that every thing or class of things encompassed by the definition must be described.
    2.1. The constitutional requirement for reasonable notice is described in:
    Requirement for Reasonable Notice, Form #05.022
    https://sedm.org/Forms/05-MemLaw/ReasonableNotice.pdf
    2.2. Definitions of terms used in connection with the nonresident alien position include:
    2.2.1. “United States” in 26 U.S.C. §7701(a)(9).
    2.2.2 “Employee” in in 26 U.S.C. §3401(c).
  3. The CONTEXT of terms surrounding the issue are deliberately unspecified and vague.
    3.1. This renders it impossible to determine who the statute applies to and thus fails the constitutional requirement for reasonable notice described in:
    Requirement for Reasonable Notice, Form #05.022
    https://sedm.org/Forms/05-MemLaw/ReasonableNotice.pdf
    3.2. Confusion or equivocation of contexts is a FAVORITE tool of sophists to hide the requirement for your consent. See:
    Legal Deception, Propaganda, and Fraud, Form #05.014, Section 18.1
    https://sedm.org/Forms/05-MemLaw/LegalDecPropFraud.pdf
    3.3. Contexts that are equivocated include:
    3.3.1. “United States”, which can be LEGAL/CORPORATE or GEOGRAPHICAL in 26 U.S.C. §7701(a)(9).
    3.3.2. “person”, which can be PRIVATE/CONSTITUTIONAL or PUBLIC/STATUTORY in 26 U.S.C. §6671(b) and 26 U.S.C. §7343.
  4. Because the term “nonresident alien” contains the word “alien”, legally ignorant people hearing the term will inevitably do the following (social engineering):
    4.1. Falsely PRESUME that it includes only foreign nationals and not American Nationals. IRS Publication 519 perpetuates this illusion by only mentioning ALIENS. They have no SIMILAR publication for Nonresident Aliens who are “nationals” and not “aliens”.
    4.2. Avoid using the term to describe themselves.
  5. Because terms surrounding the foreign issue are NOT legally defined, then:
    5.1. People are left with doubt about whether they satisfy the term. A confused or ignorant mind always says no and avoids uncertainty.
    5.2. Those wishing to PROVE they have the status cannot satisfy the burden of proving a NEGATIVE. It is difficult and sometimes impossible to prove a negative.
  6. They invented TWO terms to describe “nonresidents”:
    6.1. “nonresident aliens” in 26 U.S.C. §871. This group includes both ALIENS and American NATIONALS.
    6.2. “non-resident aliens” in 26 U.S.C. §864. This group consists of ONLY aliens and foreign nationals.
  7. The WITHHOLDING provisions in 26 U.S.C. §1441 are imposed against NONRESIDENT ALIENS in 26 U.S.C. §871, rather than the more proper “NON-RESIDENT ALIENS” in 26 U.S.C. §864.
    7.1. The definition of “individual” in 26 C.F.R. §1.1441-1(c)(3) includes only ALIENS and excludes NATIONALS.
    7.2. These WITHHOLDING provisions therefore DO NOT APPLY to American Nationals AT ALL!
    7.3. IRS NEVER states this in their publications or their website and withholding agents aren’t aware of this, so you have to get into an argument with everyone you do business with to educate them about these distinctions and to lawfully avoid both withholding and reporting as an American National who is a nonresident alien.
    For Proof of the above, see:
    Lawfully Avoiding Foreign Person Withholding, FTSIG
    https://ftsig.org/lawfully-avoiding-foreign-person-withholding/

2. Judicial Branch

  1. Federal judges are FORBIDDEN by statute from declaring what the terms “mean” surrounding the issue in order to resolve ambiguities.
    1.1. The Declaratory Judgments Act, 28 U.S.C. §2201(a) forbids declaratory judgments relating to the terms for those who are SUBJECT to federal law but not for those who are NOT such as PRIVATE and FOREIGN parties.
    1.2. Thus, the deliberate ambiguity and violation of due process involved in the construction of the statutes can NEVER be resolved by judges except among those who sue under the common law and equity instead of the statutes.
  2. Caselaw on the Nonresident Alien Position is nearly nonexistent.
    2.1. VERY few cases on the subject appear in the public record because the courts don’t want to spill the beans on this subject and open the flood gates of sheep exiting the government farm.
    2.2. Courts do this by making cases on the subject unpublished so that they cannot be relied upon to sustain a position by anyone else. See:
    http://www.nonpublication.com/
    2.3. The need for litigating the subject is avoided because tax returns are promptly processed and returns issued so that subsequent litigation that would expose this issue is not necessary.
    2.4. The lack of evidence in the public record makes it more difficult to prove your position to business associates, who usually insist on court precedents as a way to validate the position.
  3. Federal courts such as the Court of Claims are deliberately MISAPPLYING the presence test in 26 U.S.C. §7701(b) to American Nationals in constitutional states. The presence test applies ONLY to “alien individuals” and never NATIONALS. They do this to deceive American Nationals into believing that:
    3.1. “United States” includes constitutional states, even though the term in fact is NON-GEOGRAPHICAL and LEGAL throughout most of the Internal Revenue Code.
    3.2. They have “taxable income” from “sources within the United States“, even though the “United StatesSMJ” is the government and not a geography in the case of an American who is a nonresident alien.
    3.3. They are NOT “nonresident aliens“. The term is never even LEGALLY DEFINED, so that’s RIDICULOUS!

    For examples of this phenomenon, see Walby v. United States, 144 Fed.Cl. 1 (2019), Walby v. United States, 957 F.3d. 1295 (2020). Read the following article REBUTTING these FRAUDULENT rulings:
    PROOF OF FACTS: The “Presence Test” excludes States of the Union in the Case of American Nationals who are “Nonresident Aliens”, FTSIG
    https://ftsig.org/proof-of-facts-the-presence-test-excludes-states-of-the-union-in-the-case-of-american-nationals-who-are-nonresident-aliens/
  4. The U.S. Supreme Court HID the METHOD by which Cook CONSENTED to be taxed and how that consent was manifested in the landmark case of Cook v. Tait, 265 U.S. 47, 56 (1924). They said he was subject to the Income tax on WORLDWIDE earnings but didn’t indicate HOW he consented to BECOME subject, which was the filing of a 1040 return at the time and answering YES to the question: “Are you a citizen or resident of the United StatesSMJ?”. Thus, they INTERFERED with giving CONSTITUTIONALLY REQUIRED REASONABLE NOTCE (Form #05.022) to the American public that their consent was required to BECOME a privileged “citizen” (public office, not POLITICAL Citizen*) under the tax code and HOW they consented. Thus, they made the consent INVISIBLE. The Chief Justice at that time was William Howard Taft, who was also the former president who PROPOSED the Sixteenth Amendment and later got it FRAUDULENTLY ratified. See:
    Great IRS Hoax, Form #11.302, Sections, 5.2.14.2, 6.7.1
    https://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm

3. Executive Branch

  1. The Social Security Administration (SSA) has CLASSIFIED the meaning of records they maintain about your citizenship status. You AREN’T ALLOWED to know what kind of “citizen” THEY think you are!
    1.1. Citizenship is recorded in the Citizenship Status Profile (CSP) code of the SSA system of records.
    1.2. Our members have attempted to obtain the meaning of the status codes through the FOIA process and have been rebuffed, such as the following:
    Social Security Admin. FOIA for CSP Code Values, Exhibit #01.011
    https://sedm.org/Exhibits/EX01.011.pdf
    1.3. More about this SCAM at:
    Why You are a Political Citizen but Civil Non-Citizen, National, and Nonresident Alien, Form #05.006, Section 15.13
    https://sedm.org/Forms/05-MemLaw/WhyANational.pdf
  2. The Social Security Program Operations Manual System (POMS) and the SSA Website never define the TYPE of “citizen” eligible for Social Security, which, per the Social Security Act itself, is LIMITED to territorial citizens. This obfuscation and equivocation is deliberate, so that they can protect themself from charges of criminal identity theft as recorded in:
    Identity Theft Affidavit, Form #14.020
    https://sedm.org/Forms/14-PropProtection/Identity_Theft_Affidavit-f14039.pdf
  3. The IRS Website says you CANNOT trust anything they print, publish, or say. Why the HELL would you want to fill out a form that you can’t trust and sign under penalty of perjury that it’s truthful? Ridiculous! Ironically, they won’t even take responsibility for their own publication “The Truth About Frivolous Tax Arguments” so apparently, even THAT is LIES you can’t trust. See:
    https://ftsig.org/special-language/irs-pubs-warning/
  4. IRS Publication 519 perpetuates the illusion that there is no such thing as an American National who is a “nonresident alien”.
    4.1. It only mentions “aliens” in connection with “nonresident aliens”.
    4.2. It doesn’t mention “nationals of the United States” who are “nonresident alien INDIVIDUALS” and how they became “individuals”. They do this IN SPITE of the fact that such things are recognized in 26 U.S.C. §873 in connection with American Nationals taking privileged deductions.
    4.3. It applies the presence test to determine who are “nonresident aliens”, even though the Presence Test in 26 U.S.C. §7701(b) only applies to “alien individuals” and never American Nationals by default. 26 U.S.C. §937 and 26 C.F.R. §1.937-1 apply the presence test to American Nationals to possessions, but only as a foreign affairs function in relation to Congress’ exclusive jurisdiction in possessions and not in relation to constitutional states.
  5. The 1040-NR tax return in its present form OMITS mention of “nationals of the United States” as being eligible to file as a nonresident alien.
    5.1. “national of the United States” was directly listed on the return as being eligible from 1980 to 1983.
    5.2. “U.S. nationals” were listed on the return as being eligible to file as from 1984-2017.
    See for yourself! Look at:
    Tax Return History: Citizenship, Family Guardian Fellowship
    https://famguardian.org/Subjects/Taxes/Citizenship/TaxReturnHistory-Citizenship/TaxReturnHistory-Citizenship.htm
  6. The processing of 1040-NR returns is compartmentalized at only ONE of the MANY service centers of the IRS in Austin, Texas.
    6.1. This ensures that people at the other service centers do not get wind of the NRA approach.
    6.2. If you send a 1040-NR return to the WRONG location, they will try to penalize the return as frivolous because the people at the other service centers aren’t allowed to know about the NRA position.
  7. The ONLY source of jurisdiction within constitutional states of the Union originates in either federal property or foreign affairs functions.
    7.1. Foreign affairs relates ONLY to aliens and never NATIONALS or American NATIONALS.
    7.2. By including BOTH ALIENS and NATIONALS under the “nonresident alien” umbrella, they can abuse equivocation (sophistry) to deceive legally ignorant American Nationals into avoiding the Nonresident Alien Position.
    7.3. Since American NATIONALS in Constitutional states, unlike ALIENS, are not subject to foreign affairs functions then the only jurisdiction over them then becomes PROPERTY under Article 4, Section 3, Clause 4 of the Constitution.
    7.4. IRS therefore deliberately never tells you that the TAX STATUS or CIVIL STATUS of “nonresident alien”, “person”, “taxpayer”, and “individual” are in fact the ONLY property the government created and owns that they can use to control the average American National and that pursuit or benefit of all such forms of property are voluntary. See:
    Policy Document: IRS Fraud and Deception About the Statutory Word “Person”, Form #08.023
    https://sedm.org/Forms/08-PolicyDocs/IRSPerson.pdf

4. Private Industry

  1. Black’s Law Dictionary USED to clarify the distinction between NATIONALITY and DOMICILE or POLITICAL STATUS v. CIVIL STATUS. The last three versions REMOVED the discussion of this KEY issue, in order to protect EQUIVOCATION on the part of politicians and the legal profession designed to ENSLAVE you.
  2. The Hague Convention section dealing with the distinction between NATIONALITY and DOMICILE was NEVER translated into ENGLISH in order to ensure you never learn about the equivocation politicians, judges, and legislators routinely engage in on the subject. For the ENGLISH translation created by one of our members, see:
    Convention Relating to the Settlement of the Conflicts Between the Law of Nationality and the Law of Domicile [Anno Domini 1955], Exhibit #01.008
    https://sedm.org/Exhibits/EX01.008.pdf
  3. IRS knows that most withholding agents are financial institutions that have a vested interest to ensure that you provide an SSN or TIN so they can use the number for asset recovery, Anti-Money-Laundering (AML) (Form #05.044) , accounting, and credit reporting purposes.
    3.1. However, “nonresident aliens” not engaged in a “trade or business” are not required to have or use these numbers per 26 U.S.C. §301.6109-1(b). This also exempts them from Know Your Customer (KYC) rules at FINTECH firms as well. See Form #09.084.
    3.2. The result of not using these numbers encourages fraud on the part of their own employees and depositors, such as the massive Wells Fargo fraud where bank employees opening hundreds of thousands of unenumerated and unauthorized accounts to get employee bonuses and the fraud went unnoticed for years without SSNs on the new accounts. They were massively fined for doing so.
    3.3. Therefore, even though American Nationals are correct in insisting on unenumerated accounts, financial institutions asking for withholding paperwork sometimes push back on efforts to open unenumerated nonprivileged accounts using the W-8BEN (Form #04.202). They do this so they can track their customers like animals and destroy ALL their rights for the sake of “business efficiency”, AML compliance, asset recovery, and credit reporting purposes. They also use these numbers for their CHEX system as well to report bounced checks so that bad actors are blacklisted. Thus, those seeking NRA accounts or positions, like those engaged in marijuana sales and crypto, are subject to private economic sanctions by being illegally targeted and discriminated against with “debanking” or “unbanking”.
    3.4. The banking industry has also vociferously resisted attempts by the Consumer Financial Protection Bureau (CFPB) to implement regulations that forbid banking discrimination against NRAs seeking unenumerated accounts and others. Their first attempt to do so has been met with protracted litigation. Nevertheless, some states are implementing laws anyway to forbid such illegal discrimination and economic sanctions by banks. Click here (OFFSITE LINK) for details.
    3.5. Unscrupulous tactics abused by financial institutions to resist opening unenumerated NRA accounts include:
    3.5.1. Playing STUPID and just PRESUMING that all “nonresident aliens” are “aliens”, and that American nationals are not ALIENS.
    3.5.2. To put legally ignorant clerks who don’t read the law in charge of opening new accounts and claiming ignorant when you confront them with the law.
    Click here (Form #04.202) for proof of the above and look at section 14.
  4. For those American Nationals who DO NOT know that they are “foreign” but NOT “foreign persons” under 26 C.F.R. §1.1441-1 and are NOT subject to FOREIGN PERSON WITHHOLDING or REPORTING, all the methods for escaping withholding or reporting require them to engage in privileged “trade or business” (Form #05.001) or to make some kind of “election” that:
    4.1. Makes them privileged.
    4.2. Makes them an “individual” even though they are not UNTIL they pursue the PRIVILEGE of deductions under 26 U.S.C. §162 and 26 U.S.C. §873.
    4.3. Makes them and a “taxpayer”.
  5. There are NO software tools available to file as a nonresident alien. Turbotax ONLY supports DOMESTIC returns.
  6. Tax preparation franchise businesses like Jackson Hewitt and H&R Block ONLY accept RESIDENT (1040) tax returns under the FALSE presumption that American Nationals in states of the Union are DOMESTIC and not “overseas” under 26 U.S.C. §911. One of our members ran such a franchise and can attest to this FRAUD.

5. Summary

IRS astutely knows that people naturally will always take the path of:

  1. Least resistance, where they can avoid arguments with withholding agents or business associates who don’t know that “foreign person” in 26 U.S.C. §1441 and 26 C.F.R. §1.1441-1 excludes American Nationals.
  2. Least complexity. The 1040 and the W-4 are simpler than the 1040-NR and W-8BEN respectively.
  3. Least effort, where they can avoid having to read or learn the law by just doing what everyone else does.
  4. Greatest convenience, reward, or benefit. The ability to take deductions or receive a benefit or credits by doing something adds a powerful incentive to just about anything. Unfortunately, all these things are privileges that have a price tag or obligation attached to them.

The tactics in this section ensure that if human nature takes its natural course, YOU as an American National, will:

  1. Avoid preserving and declaring and implementing your natural default status as a “nonresident alien”.
  2. Avoid arguments with withholding agents, corporate counsel, and your business associates by submitting a W-9 instead of the more proper W-8BEN.
  3. Make an “invisible election” (invisible consent) to become a privileged “U.S. person” by filing a 1040 form instead of the more proper 1040-NR form because it is SIMPLER and requires you to know less. This status, after all, has far more deductions available to it than a nonresident alien and has no Foreign Person withholding associated with it.

The combined result of the above is LITERAL slavery mainly through legal ignorance manufactured in the public FOOL/SCHOOL system (Form #05.055), being maximally privileged, paying the MOST tax, and being a peon on a legal leash who pays tax on their WORLDWIDE earnings EVERYWHERE and doesn’t even know how they became a slave to begin with. Velcome to gulag Amerika, Comrade! The Bible says that as long as a corrupt and covetous government and legal profession CONTINUE to HIDE the requirement for consent, OBSCURE the exit door to this slavery, which is the nonresident alien position, and SLANDER those showing the way out as we are, then God Himself will bring a CURSE on this society. That curse is recorded in Deut. 28:43-51 and also described below:

Former Secy. of State Tillerson Says Government Avoidance of Truth and Deception Undermines the Government, SEDM
https://sedm.org/former-secy-of-state-tillerson-says-government-avoidance-of-truth-and-deception-undermines-the-government/

To prove the above yourself, see:

  1. META AI: “Nonresident Alien” v. “non-resident alien”, FTSIG
    https://ftsig.org/meta-ai-nonresident-alien-v-non-resident-alien/
  2. META AI: Is a “NATIONAL OF THE UNITED STATES” A “FOREIGN PERSON” under 26 U.S.C. 1441?, FTSIG
    https://ftsig.org/meta-ai-is-a-national-of-the-united-states-a-foreign-person/
  3. Lawfully Avoiding Foreign Person Withholding, FTSIG
    https://ftsig.org/lawfully-avoiding-foreign-person-withholding/
  4. Foreign Person Reporting and Withholding Summary, FTSIG
    https://ftsig.org/foreign-person-reporting-and-withholding-summary/

6. Conclusions

Now do you know why we often to say:

Governments are founded to provide protection for PRIVATE property and PRIVATE rights. The first stage in that protection is to LEAVE such property alone and not tax or regulate it. Justice itself is defined as the right (not the privilege) to be LEFT ALONE by everyone, INCLUDING the government.

What is “Justice”?, Form #05.050
https://sedm.org/Forms/05-MemLaw/WhatIsJustice.pdf

Like any mafia, corrupt governments only protect themself. In practice, they implement the OPPOSITE of justice by NEVER LEAVING YOU ALONE and CONSTANTLY harassing you until you pay them “protection money” called “taxes” to procure the PRIVILEGE of being left alone. Any attempt to turn “justice” into this kind of taxable privilege represents the WORST form of injustice as documented in Section 5.3. of the above.

Civil statutes (franchises) only protect the government from you and never you from the government. You have to join the government as a public officer straw man called a civil “person”, “individual”, “taxpayer”, etc. to receive ANYTHING from them. Their services and property you asked for are then rendered or paid to the straw man office they created and own, and never to you in your private capacity. Thus, they are the ONLY real “beneficiary” of everything they do:

Why Government is the Only Real Beneficiary of All government Franchises, Form #05.051** (Member Subscriptions)
https://sedm.org/product/why-the-government-is-the-only-real-beneficiary-of-all-government-franchises-form-05-051/

In practical effect, government as a security guard has MANDATED that you must DONATE whatever PRIVATE property you want them to protect and convert it to PUBLIC property before they will protect it or even RECOGNIZE it. Hence, the term “REAL property”. Its unreal if it isn’t party to a franchise with them called the CIVIL code. Only by connecting/DONATING PRIVATE property to a voluntary office can the property be CIVILLY protected. This is the origin of the phrase “effectively connected”, in fact. The existence of that office, civil status, or tax status is legal evidence of your consent to participate in the civil statutory protection franchise and Private Membership Association (PMA) called “domicile”. Income taxes in effect are “club dues” for voluntary members. Those members are called CIVIL**+D DOMICILED “citizens” and “residents” and “taxpayers”. They are NOT called POLITICAL/CONSTITUTIONAL Citizens* or even Fourteenth Amendment “citizens of the United States50“, because an act of birth is not an act of choice or consent.

Would you KNOWINGLY hire a PRIVATE security guard to protect your property who insisted on OWNING everything you want them to protect?

NEVER!

Statutes that only protect PUBLIC/DOMESTICE/GOVERNMENT property are not needed for those who are FOREIGN, PRIVATE, and protected only by the Bill of Rights, the common law, and equity. Are you PRIVATE or PUBLIC?

The idea behind the Thirteenth Amendment and the First Amendment are SELF-OWNERSHIP. You own yourself and have a right to control your body and your property and what other people use either for. All PUBLIC/DOMESTIC PRIVILEGES that attach to you or your property therefore are a TAKING or DIMINUTION of some aspect of that ownership.

  1. The most IMPORTANT aspect of that self-ownership is the right to decide WHAT LAW protects that ownership and what law DOES NOT. This is an exercise of the “right to exclude” aspect of ownership.
  2. NO ONE can choose that law FOR you and if they do, they are implementing SLAVERY.
  3. You only have TWO choices or SOURCES for the law that you choose to protect that ownership:
    3.1. Common law and the Bill of Rights.
    3.2. Civil statutory franchise codes.

The ability to even legislatively WRITE definitions that affect your SELF-OWNERSHIP requires that those WRITING the definitions have some degree of OWNERSHIP over some aspect of yourself or your property that they could ONLY have acquired by your consent in some form. Those definitions DO NOT and CANNOT affect or include any aspect of YOU or YOUR PROPERTY unless and until your consent in some form has LAWFULLY been acquired by VOLUNTARILY choosing a CIVIL STATUS or TAX STATUS. Once you do that, the OBLIGATIONS attached to the status UNAVOIDABLY “come along for the ride” and become the CONSIDERATION that pays for the delivery of the benefits of the PUBLIC status. See:

Lawfully Avoiding Government Obligations Course, Form #12.040
https://sedm.org/LibertyU/AvoidGovernmentObligations.pdf

But of course, government will never inform you that you have that choice, because if most people realized that, they would UNVOLUNTEER! See:

Invisible Consent, FTSIG
https://ftsig.org/how-you-volunteer/invisible-consent/

Based on the introduction of the subject of foreign tax status on this page, the ONLY rational choice of law is the following and NO court and NO constitution can lawfully interfere with it:

Choice of Law, Litigation Tool #01.010
https://sedm.org/Litigation/01-General/ChoiceOfLaw.pdf

Posted in Proof of Facts