Digging Deeper
EDITORIAL: This interchange is very useful in learning ways to attack MANDTORY participation in franchises. A “resident alien” under 26 U.S.C. 7701(b)(1)(A) is a COMPELLED franchisee. At the moment, if you are an alien who meets the presence test, the ONLY way you can file as a nonresident alien is to be married to one…
QUESTION 1: Can you show me evidence that the Schedule NEC is only for use by aliens who are nonresident aliens but cannot be used by U.S. nationals? ANSWER 1: Absolutely. The key lies in the definition of who files Form 1040-NR, which is the only form to which Schedule NEC can be attached. Schedule…
QUESTION 1: Is this the proper method of computing taxable income for a nonresident alien? 1. I.R.C. 61 is gross income. 2. I.R.C. 861/862 breaks that 61 gross income into within and without the U.S. 3. I.R.C. 862 is peeled off because not a U.S. source. I.R.C. 872 (exclusions) IMPLEMENTS the filtering of 862. 4.…
QUESTION 1: IRS Publication 519 identifies itself as “U.S. tax guide for aliens”. However, it addresses nonresident aliens who are “U.S. nationals”. A U.S. national under 8 U.S.C. 1101(a)(22) is not an alien. And the word “alien” is defined in 26 C.F.R. 1.1441-1(c)(3)(i) as someone who is NEITHER a citizen nor a national. Does that…
EDITORIAL: The application of the UCD has never been addressed or settled in the context of taxation. Only in other contexts. But like gross receipts limitations, it too applies to constitutional taxation when applied to those with constitutional rights standing on land the constitution applies. It appears to be such a hot button issue that…
QUESTION 1: Does an election surrender the protections of the constitution under the Public Rights Doctrine and the Constitutional Avoidance Doctrine in the context of the civil statutory status that results from the election? For instance, if I elect “effectively connected” status in 26 U.S.C. 864, do I surrender the protection of the constitutional definition…
EDITORIAL: The more absurd this all gets with equivocation and conflation, the more obvious it should be to the casual observer that they are hiding the truth. The casual observer is a “deer in the headlights” They don’t stand a chance. You need a phd in deception to catch these bastards! They probably have a…
EDITORIAL: To summarize the approach to nonresident alien taxation on this website: It seems that the latitude Congress is given in Sixteenth Amendment varies depending on activity or recipient. It could be from: Social Security under 26 U.S.C. 871(a)(3) fits in EITHER 3 or 4 above, depending on where you are from. For a nonresident…
EDITORIAL: This article establishes why domicile is ALWAYS important. Even in federal taxation, even though domicile is never even mentioned in I.R.C. Subtitles A and C. Domicile can NEVER be ignored or it will cloud or equivocate the origin of the jurisdiction of the taxing authority. ALL civil jurisdiction originates from it, and taxing authority…
EDITORIAL COMMENT: This dialog contains equivocation surrounding whether “U.S. national” is a nonresident alien so it fails the “law of noncontradiction” so it can’t be entirely true. See in Question 7: But crucially, “nonresident alien” is defined by reference to 26 U.S.C. § 7701(b)(1)(B), which—when read in light of 8 U.S.C. § 1101(a)(3)—excludes U.S. nationals, because they are not aliens.…