PROOF OF FACTS: Government says You aren’t ALLOWED to volunteer

INTRODUCTION

This article provides evidence proving that the the government actually says the average PRIVATE American national is NOT legally allowed to volunteer.

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1. Private property is NOT within the legislatively jurisdiction of Congress

Effect of Definitions Upon OWNERSHIP and CONTROL of Property, FTSIG
https://ftsig.org/how-you-volunteer/effect-of-definitions-upon-ownership-of-property/

2. There is NO LIABILITY statute to pay the tax so you have to volunteer by adopting a public capacity on a government form

1. The only liability statute in I.R.C. Subtitles A and C are
   1.1.  26 U.S.C. §1461 for withholding on ALIENS
   1.2.  26 U.S.C. §3403 “employers”.
2. 26 U.S.C. §1 does not expressly create a liability.
   2.1. It merely “imposes” a tax. “liable” and “impose” are NOT the same thing.
   2.2. The only way you can become “liable” beyond that point is therefore to SEEK or ADOPT a PUBLIC civil capacityPUB on an administrative form or in a pleading. There is NOT other way.
3. The PUBLIC capacityPUB and all privileges attached to it are legislatively created PUBLIC propertyPUB. Once you pursue this propertyPUB,
   3.1. Congress acquires the jurisdiction and authority to regulate and tax your behavior under the Public Rights Doctrine.
   3.2. You switch from being a nonresident alien not engaged in the “trade or business” excise taxable franchise to EITHER:
   3.2.1. A “U.S. person” under  26 U.S.C. §7701(a)(30) OR
   3.2.2. The “person” in  26 U.S.C. §6671(b) and  26 U.S.C. §7343 through the mechanism of  26 U.S.C. §864(b) if you file and remain as a nonresident alien.
4. 26 C.F.R. §1.1441-1:
   4.1. Uses the phrase “liable to” but not “liable for”. Are you “liable to” go to the bathroom today?
   4.2. Liability must be created by statute and cannot be created by regulation. The U.S. Supreme Court affirmed that regulations cannot exceed the scope of the Statute in U.S. v. Calimaro.
5. Title 26 Is NOT “positive law” so it isn’t legal evidence of any obligation. See:
   5.1. Authorities on “positive law”, Sovereignty Forms and Instructions Online, Family Guardian Fellowship
   https://famguardian.org/TaxFreedom/CitesByTopic/PositiveLaw.htm
   5.2. PROOF OF FACTS: Tax Code is a State Sponsored Religion, FTSIG
   https://ftsig.org/proof-of-facts-tax-code-is-a-state-sponsored-religion/
6. The entire Title 26 is “prima facie evidence”, which means it’s nothing more than a big presumption that cannot have “the force of law”.
   6.1. All presumptions that impair constitutional rights are unconstitutional and violate the Federal Rules of Evidence. See:
   Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017
   http://sedm.org/presumption
   6.2. Administrative Due Process permits presumption, but only for those CONSENSUALLY operating in a PUBLIC capacityPUB. See:
   REFERENCE: Constitutional Due Process v. Administrative Due Process, FTSIG
   https://ftsig.org/reference-constitutional-due-process-v-administrative-due-process/
   6.3. See:
   Authorities on “prima facie”, Sovereignty Forms and Instructions Online, Family Guardian Fellowship
   https://famguardian.org/TaxFreedom/CitesByTopic/PrimaFacie.htm

3. You can’t lawfully volunteer on a tax form EITHER

1. Tax returns are government forms produced by ministerial officers in the administrative state.
2. The IRS says you can’t trust any of their forms, statements, or publications.
   IRS Forms/Pubs/Statements warning, FTSIG
   https://ftsig.org/special-language/irs-pubs-warning/
3. If you can’t trust any of the forms and publications, you can’t validate their accuracy with a perjury statement on a government form EITHER.
4. A perjury statement on a tax form cannot validate a legal conclusions.
5. JUST ABOUT EVERYTHING on a tax form is a “legal conclusion”.
6. Only what you ADD to the form are actual “facts”.
7. Administrative agencies cannot:
   7.1. Act as fact witnesses.
   7.2. Turn YOUR legal conclusions into facts using your perjury statement.
   7.3. Disguise a public capacityPUB election as a “legal conclusion”.
8. Thus, there is NO POSSIBLE way for you to lawfully elect a PUBLIC capacityPUB on a tax form without a REAL, disclosed choice and actual consent, which NEVER happens.

More on this subject at:

1. HOW TO: Distinguishing “Facts” from “Legal Conclusions”, FTSIG
   https://ftsig.org/how-to-distinguishing-facts-from-legal-conclusions/
2. Copilot: Duties and Authority of “Ministerial Officers” at the IRS and State Revenue Agencies, FTSIG
   https://ftsig.org/copilot-duties-and-authority-of-ministerial-officers-at-the-irs-and-state-revenue-agencies/
3. HOW TO: How to prevent Identity Theft on a Social Security or Medicare Application, FTSIG
   https://ftsig.org/how-to-how-to-prevent-identity-theft-on-a-social-security-or-medicare-application/

4. Your earnings are not “reportable” or subject to withholding under 26 U.S.C. 3406

1. HOW TO: Filing a Criminal Report against a Company for False Reporting/withholding and criminally Impersonating an “Employer” under I.R.C. 3406, FTSIG
   https://ftsig.org/how-to-filing-a-criminal-report-against-a-company-for-false-employer-reporting/
2. Lawfully Avoiding Backup Withholding under 26 U.S.C. §3406, FTSIG
   https://ftsig.org/lawfully-avoiding-backup-withholding/
   

5. You’re NOT the “individual” subject to foreign person withholding in 26 U.S.C. 1441 and 26 C.F.R. 1.1441-1

Copilot: American nationals are not “foreign persons” for the purpose of I.R.C. Chapter 3 “foreign person” withholding in 26 U.S.C. 1441 and 26 C.F.R. 1.1441-1, FTSIG
https://ftsig.org/copilot-american-nationals-are-not-foreign-persons-for-the-purpose-of-i-r-c-chapter-3-foreign-person-withholding-in-26-u-s-c-1441-and-26-c-f-r-1-1441-1/

6. You can’t earn “wages” even if you file a W-4

1. “Wages” are defined in 26 U.S.C. §3401(a).
2. 26 U.S.C. §3401(c) defines “employee” as a government employee under Title 5 and the Appointments Clause II of the constitution and NOT a private worker.
3. The ONLY avenue for a private worker to earn “wages” is to fill out a W-4 and elect “employee” status under 26 U.S.C. §3402(p).
4. Even a PRIVATE worker cannot earn wages in connection with anything other than a “federal payment” in 26 U.S.C. §3402(p).
5. Federal payments are money paid by the national government, not private companies or private employersPRI.
   I.R.C. 3402(p) No Specified Federal Payments Received or Made, FTSIG
   https://ftsig.org/i-r-c-3402p-no-specified-federal-payments-received-or-made/

For more on the above, see:

Federal and State Tax Withholding Options for Private Employers, Form #09.001
http://sedm.org/fedstatewhoptions

7. You don’t live in the geographical “United States” and aren’t mentioned in the presence test at 26 U.S.C. 7701(b)

American nationals are nonresidents EVERYWHERE IN THE WORLD!

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/

8. “United States” for American nationals is not a geography, but the corporation you have to consent to JOIN through an election to become “domestic”

PROOF OF FACTS: Whenever “United States” is used in Subtitle A in connection with “citizen,” “income,” “trade or business,” residency, or source rules, the operative meaning is United StatesJ (jurisdiction / corporate office), even though the statute presents it as United StatesG (geography), FTSIG
https://ftsig.org/whenever-united-states-is-used-in-subtitle-a-in-connection-with-citizen-income-trade-or-business-residency-or-source-rules-the-operative-meaning-is-united-statesj-jurisdiction-corporate-office-even-th/

9. Even if you as an American National file a 1040NR, you still don’t earn “income” unless you volunteer

1. 26 U.S.C. §871(a): Applies to only aliens. But even aliens don’t earn income unless they volunteer under 26 U.S.C. 871(a).
2. 26 U.S.C. §871(b): Applies to U.S. nationals and aliens but the BOTH have to volunteer.
3. 26 U.S.C. §873(b)(3) recognizes that taking deductions on a tax return makes an American national (a “national of the United States”) LEGALLY present but not PHYSICALLY present in the United StatesJ. This is because its a privilege congress can regulate and tax.
4. So under 26 U.S.C. §873(b)(3) the incomePRI is not taxed, the privilege of DEDUCTIONS in 26 U.S.C. §162 is the thing actually taxed and it is the ORIGIN of the “individual” and “nonresident alien individual” PUBLIC capacityPUB. Recall that by default, the ONLY “individuals” who are nonresident aliens are aliens in 26 C.F.R. §1.1441-1(c)(3). American nationals have to ASK for a privilege to ALSO become PUBLIC individualsPUB.
5. You don’t NEED “deductions” until you actually have PRIVILEGED incomePUB.
6. Simply writing PRIVATE incomePRI on the tax return CONVERTS it to incomePUB so you can take privileged deductionsPUB against it. Pure commercial suicide.
7. More at:
   The Truth About “Effectively Connecting”, Form #05.056
   https://sedm.org/effectivelyconnected

10. The Sixteenth Amendment is a tax on PUBLIC propertyPUB, not PRIVATE propertyPRI

Journey to Sixteenth Amendment, Fed Reserve, FTSIG
https://ftsig.org/history/journey-to-16a-fed-reserve-nnot/

11. The government is HIDING all the above through a process of “invisible consent”

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

CONCLUSIONS

Here’s how we apply all the above to a tax return filing:

6. CHOICE OF LAW AND TERMS OF COMMERCIAL USE OF  MY PROPERTY AND IDENTIFYING INFORMATION:

This is a private capacity petition for refund under Article III of the Constitution instead of Article I/Public Rights Doctrine. Exclusions claimed herein are not privileges but statutory and regulatory recognition of private unalienable rights under principles of equity and common law pursuant to the Tucker Act, 28 U.S.C. § 1491(a)(1). My circumstances come close to 26 C.F.R. § 1.6012‑1(b)(1)(i)(c) but do not match exactly because I am neither a privileged alien “individual” under 26 C.F.R. § 1.1441‑1(c)(3), nor lawfully engaged in any privileged “trade or business” (statutory public capacityPUB). I am EXCLUDED, not privileged, nor “exempt”.

I maintain that my private‑capacity status is not “created or organized” by Congress and therefore does not appear in statutory classifications. On that basis, this submission is not intended as an election to be treated as a “nonresident alien individual” under 26 U.S.C. §§873(b)(3), 864(b), or 6671(b). I therefore assert that no civil statutory penalties or limitation periods apply to this submission.

Amounts reported and received by the United States have been falsely characterized as “tax” and “withholding” by the payer and are claimed for refund. Any of my absolutely owned property in your wrongful custody that is not returned as requested herein constitutes consideration beyond that point which gives rise to an equitable obligation to repay double the amount compounding every year and all legal fees needed to recover it. This correspondence constitutes notice and acceptance of said terms as the owner of the property in your wrongful custody, if any.  In the event of a legal dispute over the equitable refund claimed herein, supporting materials are available upon request and may be incorporated into the administrative record as appropriate.

All disclosures or commercially beneficial uses of my identifying information are unauthorized beyond this direct interaction, and I reserve all rights regarding any unauthorized commercial use of my identifying information.

Statement for Administrative Record

This submission is made with full reservation of constitutional rights. My understanding is that the agency’s jurisdiction arises from the public‑rights doctrine and from government‑created PUBLIC property interests, including civil statutory status, public capacity, definitions, or remedies “created or organized” under 26 U.S.C. § 7701(a)(4) and therefore “domestic”. Any presumption or equivocation that places me in a public capacity involuntarily would raise constitutional due‑process concerns. I do not consent to waive constitutional due process or the Federal Rules of Evidence through any public‑capacity election and reject all attempts to compel said election.

My understanding is that civil statutory law is not an authority expressly delegated to Congress by the Constitution and therefore operates only in a voluntary, proprietary mode rather than a sovereign, involuntary mode upon private‑capacity U.S. nationals filing as nonresident aliens. I do not accept or operate in any public capacities and do not knowingly use or benefit from government‑created property or privileges.

If the agency believes I remain in custody or benefit of any public property, status, or privilege that would trigger CIVIL regulatory or taxing jurisdiction, I respectfully request identification and documentary proof so that any such interest may be formally disclaimed or returned immediately.  I am therefore literally asking you to do your only legitimate job as a real government:  Protecting private property by keeping it separate from public property and never allowing it to mix with public property.  If you won’t do that, I question why I should hire you with taxes to protect me from anyone else. This statement is included solely to preserve my position within the administrative record.

Caselaw arising from circumstances involving elected public capacities, voluntary participation in civil statutory franchises, or parties other than nonresident aliens not engaged in a trade or business is inapposite to my situation and should not be cited in response.

Pursuant to the First Amendment and the Religious Freedom Restoration Act, 42 U.S.C. Chapter 21B, no benefit, privilege, domestic (INTERNAL) civil statutory status, public capacity, definition, or remedy “created or organized” under 26 U.S.C. § 7701(a)(4). My only civil statutory “creator and organizer” and civil “lawgiver” is God and His laws, not any government of men. Being compelled to recognize, elect, or become involuntary surety for public capacities created or organized by any other civil statutory lawgiver violates my sincerely held religious beliefs and biblical delegation order.

Lastly, I am compelled to take the above approach because IRS guidance prohibits nominee relationships, and a statutory public capacity functions as a nominee for the human being. All determinations involving public capacities (“taxpayer”, “person”, “U.S. person”) require legal conclusions. I do not consent to make and am am not authorized to make legal conclusions, and doing so would constitute the unauthorized practice of law.

A perjury statement cannot validate legal conclusions, and nearly all entries on IRS forms relate to a statutory public capacity rather than private factual events. Ministerial officers may not rely on my perjury statement to validate legal conclusions, nor may they make legal conclusions of their own, act as fact witnesses, or turn my legal conclusions into facts.

This creates a situation in which no verifiable facts exist for administrative adjudication under constitutional due process. I therefore respectfully request assistance from the agency in resolving these conflicts between IRS policy, statutory definitions, and due‑process requirements, which make it impossible for me to proceed LAWFULLY in any other manner.

Thank you for your kind, prompt, and lawful assistance in doing the difficult and complex job you do.

[1040NR Attachment, Form #09.077, Section 3, FORM 1: Short Custom 1040NR Attachment;
SOURCE: https://sedm.org/Forms/09-Procs/1040NR-Attachment.pdf]