Establishing USPI thru laws of property

For the purposes of this site, “USPI” stands for United States (government) Property Interest. That interest represents a GOVERNMENT ownership interest in your otherwise PRIVATE property consisting of one or more of the following:

  1. Qualified: Ownership that is time limited or restricted in its use.
  2. Moiety: If 50% or more of a thing is owned by one of the owner where ownership is shared.
  3. Lease or rental: One owner retains the right to exclude others while the lessee has the right to possess and use the property subject to conditions specified in the rental agreement.
  4. Usufruct: Allows a person to use and enjoy the benefits of someone else’s property without owning it.

The purpose of establishing government, according to the Declaration of Independence, is the “pursuit of Happiness”, which the U.S. Supreme Court has interpreted to mean the right to absolutely own PRIVATE property.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.[PRIVATE PROPERTY]–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, “

[Declaration of Independence;
SOURCE: http://www.archives.gov/national-archives-experience/charters/declaration.html]

“The provision [Fourteenth Amendment, Section 1], it is to be observed, places property under the same protection as life and liberty. Except by due process of law, no State can deprive any person of either. The provision has been supposed to secure to every individual the essential conditions for the pursuit of happiness; and for that reason has not been heretofore, and should never be, construed in any narrow or restricted sense.”   

[Munn v. Illinois, 94 U.S. 113 (1877);
SOURCE: http://scholar.google.com/scholar_case?case=6419197193322400931]

The “pursuit of Happiness” BEGINS with LEAVING THE PROPERTY ALONE and not taxing or regulating its use unless that use demonstrably injures someone. The right to be “left alone”, in fact, is the legal definition of “justice” itself. Therefore, any attempt to disturb you or your property, to tax or regulate it works an INJUSTICE. See:

“The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone – the most comprehensive of rights and the right most valued by civilized men.“
[Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting); 
SOURCE: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=277&invol=438#478; See also Washington v. Harper, 494 U.S. 210 (1990)]

“Justice is the end of government. It is the end of civil society. It ever has been, and ever will be pursued, until it be obtained, or until liberty be lost in the pursuit.” 
[The Federalist No. 51 (1788), James Madison;
SOURCE: http://thomas.loc.gov/home/histdox/fed_51.html]

Justice, as a moral habit, is that tendency of the will and mode of conduct which refrains from disturbing the lives and interests of others, and, as far as possible, hinders such interference on the part of others. This virtue springs from the individual’s respect for his fellows as ends in themselves and as his co equals.
[Readings on the History and System of Common Law, Second Edition, 1925, Roscoe Pound, p. 2;
SOURCE: http://books.google.com/books?id=FrY0AAAAIAAJ&printsec=frontcover]

Any attempt to cause you to give up absolute ownership of your BODY or any part of your private property or control of its use therefore amounts to a conspiracy to make you UNHAPPY if you didn’t EXPRESSLY and KNOWINGLY consent to it. Mere ignorant, indifferent, or even TIMID ACQUIESCENCE is not real, informed consent:

“SUB SILENTIO. Under silence; without any notice being taken. Passing a thing sub silentio may be evidence of consent”
[Black’s Law Dictionary, Fourth Edition, p. 1593]

“Qui tacet consentire videtur.
He who is silent appears to consent. Jenk. Cent. 32.”

[Bouvier’s Maxims of Law, 1856;
SOURCE:  http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]

Consent by mere acquiescence is also called “tacit procuration”:

“Procuration.. Agency; proxy; the act of constituting another one’s attorney in fact. The act by which one person gives power to another to act in his place, as he could do himself. Action under a power of attorney or other constitution of agency. Indorsing a bill or note “by procuration” is doing it as proxy for another or by his authority. The use of the word procuration (usually, per procuratione, or abbreviated to per proc. or p. p.) on a promissory note by an agent is notice that the agent has but a limited authority to sign.

An express procuration is one made by the express consent of the parties. An implied or tacit procuration takes place when an individual sees another managing his affairs and does not interfere to prevent it. Procurations are also divided into those which contain absolute power, or a general authority, and those which give only a limited power. Also, the act or offence of procuring women for lewd purposes. See also Proctor.”
[Black’s Law Dictionary, Fifth Edition, pp. 1086-1087]

The GOVERNMENT defends itself from people imputing “tacit procuration” against them by enacting legislation which MANDATES that all agreements must be in WRITING signed by both parties. YOU should insist on the SAME treatment every time you communicate with THEM:

“Every man is supposed to know the law. A party who makes a contract [or enters into a franchise, which is also a contract] with an officer [of the government] without having it reduced to writing is knowingly accessory to a violation of duty on his part. Such a party aids in the violation of the law.”

[Clark v. United States, 95 U.S. 539, 542 (1877);
SOURCE: https://scholar.google.com/scholar_case?case=17192538030759550245]

The four methods of sharing ownership or control over your private property with the government at the beginning of this article are therefore the methods to:

  1. IMPLEMENT such UNHAPPINESS and
  2. VIOLATE the purpose of establishing government according to the Declaration of Independence and
  3. Turn the government into an ANTI-GOVERNMENT, meaning a government that does the OPPOSITE of what it was created to do.

Congress can only regulate, and by implication tax, property that it has some degree of ownership interest in. This was confirmed by SCOTUS as follows:

“The compensation which the owners of property, not having any special rights or privileges from the government in connection with it, may demand for its use, or for their own services in union with it, forms no element of consideration in prescribing regulations for that purpose.

[. . .]

“It is only where some right or privilege [which are GOVERNMENT PROPERTY] is conferred by the government or municipality upon the owner, which he can use in connection with his property, or by means of which the use of his property is rendered more valuable to him, or he thereby enjoys an advantage over others, that the compensation to be received by him becomes a legitimate matter of regulation. Submission to the regulation of compensation in such cases is an implied condition of the grant, and the State, in exercising its power of prescribing the compensation, only determines the conditions upon which its concession shall be enjoyed. When the privilege ends, the power of regulation ceases.”

[Munn v. Illinois, 94 U.S. 113 (1877);
SOURCE: https://scholar.google.com/scholar_case?case=6419197193322400931]

The use of the word “privilege” above is synonymous with PUBLIC property. They are saying that if you receive public property in any form, there is an implied, equitable, quid pro quo, “quantum meruit”, or “quasi-contractual” obligation to RETURN the economic value of the PUBLIC consideration you received from the government in some form. That is the origin of the power to tax.

So long as you REFUSE all public property, public rights, “benefits”, and privileges, there can be no tax obligation on your part or ability to enforce against you on the government’s part. It is a maxim of law that you have a right to REFUSE all such “benefits” and property:

“Cujus est commodum ejus debet esse incommodum. He who receives the benefit should also bear the disadvantage.”

Hominum caus jus constitutum est. Law is established for the benefit of man.

Injuria propria non cadet in beneficium facientis. One’s own wrong shall not benefit the person doing it.

Invito beneficium non datur. No one is obliged to accept a benefit against his consent. Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Vide Assent.

Potest quis renunciare pro se, et suis, juri quod pro se introductum est. A man may relinquish, for himself and his heirs, a right which was introduced for his own benefit. See 1 Bouv. Inst. n. 83.

Privatum incommodum publico bono peusatur. Private inconvenience is made up for by public benefit.

Privilegium est beneficium personale et extinguitur cum person. A privilege is a personal benefit and dies with the person. 3 Buls. 8.

Que sentit commodum, sentire debet et onus. He who derives a benefit from a thing, ought to feel the disadvantages attending it. 2 Bouv. Inst. n. 1433.
Quilibet potest renunciare juri pro se inducto. Any one may renounce a law introduced for his own benefit. To this rule there are some exceptions. See 1 Bouv. Inst. n. 83.
[Bouvier’s Maxims of Law, 1856; https://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]

It is usurpation to:

  1. Treat you AS IF you accepted a benefit without actually having to satisfy the burden of proving the exact economic value of the “benefit” and your EXPRESS informed consent to receive it.
  2. FORCE you to accept a “benefit” or public property.
  3. Interfere with your right to REJECT the benefit.
  4. Refuse to offer forms or procedures or HIDE forms or procedures to REJECT the “benefit”.
  5. Refuse to identify exactly how you VOLUNTEERED to become eligible for the benefit.

All the above defeat the purpose indicated in the Declaration of Independence, which states that all JUST powers of government derive from CONSENT of the governed. The implication is that you have the right to WITHDRAW consent and any attempt to interfere with that withdrawal makes the government INHERENTLY UNJUST.

In the context of income taxation, an act of consenting to receive PUBLIC property or a “benefit” is called an “election”. There are TWO primary methods dealing with your private property that constitute such an “election”:

  1. Change your OWN CIVIL STATUS from PRIVATE to PUBLIC. This is typically done by electing a “U.S. person” status under 26 U.S.C. §7701(a)(30). This makes ALL earnings taxable worldwide for those who make such an election.
  2. Change the STATUS of your PRIVATE PROPERTY from PRIVATE to PUBLIC. This is typically done by:
    2.1. “effectively connecting” your otherwise PRIVATE earnings on a a 1040NR return in order to take deductions against the property.
    2.2. Connecting an SSN or TIN to the property, which implicates a connection to a “trade or business” under 26 C.F.R. §301.6109-1(b) in the case of nonresident aliens who are private.

The following case recognizes the above list:

“In the case of the federal government where the individual is either a United States citizen or an alien residing in the taxing jurisdiction, the tax under section 1 of the Code is based upon jurisdiction over the person; where the individual is an alien not residing in the taxing jurisdiction, the tax under section 871 of the Code is based upon jurisdiction over the property or income of the nonresident individual located or earned in the taxing jurisdiction”

[Great Cruz Bay, Inc., St. John v. Wheatley, 495 F.2d. 301, 307 (3d Cir. 1974);
SOURCE: https://scholar.google.com/scholar_case?case=18118242110028613875]

There are OTHER means of making an election as well. For a catalogue of all such elections, see:

Catalog of Elections in the Internal Revenue Code
https://ftsig.org/catalog-of-elections-in-the-internal-revenue-code/

Those who make NO elections retain their PRIVATE and FOREIGN tax status and are not subject to the income tax unless they are receiving government payments directly which have a reserved PUBLIC property in them, such as Social Security under 26 U.S.C. §861(a)(8).

  1. We call those who consent to NOTHING the government offers and make no elections “non-persons” and “non-taxpayers”.
  2. 26 C.F.R. §1.1-1(a) recognizes these people by not listing them as being subject to the income tax. Only nonresident aliens engaged in a “trade or business” under 26 U.S.C. §871(b) are listed as being subject. Those in 26 U.S.C. §871(a) are mysteriously OMITTED because they are OUTSIDE the jurisdiction of the tax code.
  3. These people are also EXCLUDED rather than EXEMPTED from receiving “gross income” under 26 U.S.C. 7701(a)(31).
  4. These people are also further described in:
    Proof of Facts: U.S. Department of the Treasury OFFICIALLY RECOGNIZES “non-resident non-persons” and “nontaxpayers”!, SEDM
    https://sedm.org/u-s-department-of-the-treasury-officially-recognizes-non-resident-non-persons-and-nontaxpayers/

The main purpose of this website is to pursue the status of a “non-person” as indicated above.

Once either YOUR own civil status or the status of your property are voluntarily converted from PRIVATE to PUBLIC, government acquires jurisdiction to regulate, and by implication tax that property under Article 4, Section 3, Clause 2 of the Constitution and 5 U.S.C. §301.

“The compensation which the owners of property, not having any special rights or privileges from the government in connection with it, may demand for its use, or for their own services in union with it, forms no element of consideration in prescribing regulations for that purpose.

[. . .]

“It is only where some right or privilege [which are GOVERNMENT PROPERTY] is conferred by the government or municipality upon the owner, which he can use in connection with his property, or by means of which the use of his property is rendered more valuable to him, or he thereby enjoys an advantage over others, that the compensation to be received by him becomes a legitimate matter of regulation. Submission to the regulation of compensation in such cases is an implied condition of the grant, and the State, in exercising its power of prescribing the compensation, only determines the conditions upon which its concession shall be enjoyed. When the privilege ends, the power of regulation ceases.”

[Munn v. Illinois, 94 U.S. 113 (1877);
SOURCE: https://scholar.google.com/scholar_case?case=6419197193322400931]

We can therefore see that IN FACT, and IN DEED, the income tax is VOLUNTARY as our politicians keep telling us. The part they WON’T tell us is EXACTLY how we volunteer. After all, if we knew that, we would also know how to UNVOLUNTEER!

  1. Former IRS Commissioner Steven Miller and Congressman Beccera Both Admit that the Income Tax is Voluntary, SEDM Exhibit 05.051
    http://youtu.be/MG2mcjAuLo4
  2. Congressman Charley Rengal Admits that Income Tax is Voluntary-House Ways and Means Committee, Tax Collection Privatization, May 23, 2007
    https://www.c-span.org/video/?198256-1/tax-collection-privatization
  3. IRS Chief Admits Under Oath that The Income Tax is Voluntary, SEDM Exhibit #05.025
    https://famguardian.org/TaxFreedom/Evidence/Congressional/DwightAvis-TaxVoluntary.pdf

The method of VOLUNTEERING, and conversely the method to UNVOLUNTEER is therefore a carefully guarded SECRET. Such secrets are called “Third Rail Issues” in political parlance and on this website.

After years of studying HOW YOU VOLUNTEER, SEDM has compiled a complete presentation that describes EXACTLY how you volunteer through elections of various kinds, and indirectly, how to UNVOLUNTEER. That presentation is found at:

How American Nationals Volunteer to Pay Income Tax, Form #08.024
https://sedm.org/Forms/08-PolicyDocs/HowYouVolForIncomeTax.pdf

Below is a summary of how the status of either YOU or YOUR PROPERTY are VOLUNTARILY converted from PRIVATE to PUBLIC in order to make them subject to taxation and regulation:

If you want to stay out of trouble and avoid becoming a target of IRS enforcement, you must therefore:

  1. Retain your “nonresident alien” status as an American National.
  2. Properly aver your status in all court pleadings. See:
    How to Aver Your Status as a Fourteenth Amendment “nonresident alien”, FTSIG
    https://ftsig.org/how-to-aver-your-status-as-a-fourteenth-amendment-nonresident-alien/
  3. If you file a tax return, file the 1040NR and never the 1040. The 1040 form is the method of “electing” a “U.S. person” status.
  4. Make NO elections of any kind on whatever tax form you do file. This ESPECIALLY includes:
    4.1. Making a W-4 election to call your earnings “wages” under 26 U.S.C. §3402(p). If you were FORCED to submit a W-4 to get or keep a job, then include an affidavit of duress with your tax return such as:
    W-2CC, Form #04.304
    https://sedm.org/Forms/04-Tax/3-Reporting/FormW-2CC-Cust/FormW-2CC.pdf
    4.2. Putting your earnings from labor on a tax return. See:
    Proof that Involuntary Income Taxes on Your Labor are Slavery, Form #05.055
    https://sedm.org/Forms/05-MemLaw/ProofIncomeTaxLaborSlavery.pdf
  5. Avoid receiving government benefits or entitlements that are PUBLIC property and a privilege. Social Security, for instance, is MANDATORILY taxable in 26 U.S.C. §861(a)(8). Not every government payment is taxable, but only those which have a RESERVED PROPERTY interest in them after you receive them such as Social Security. That RESERVED PROPERTY interest must be declared in a statute. It is NOT, for instance, in the case of military retirement. See:
    Policy Document: Retirement and Pensions, Form #08.028
    https://sedm.org/Forms/08-PolicyDocs/RetirementAndPensions.pdf
  6. Not “effectively connect” your earnings to a “trade or business”, which is legally defined as “the functions of a public office”. This includes putting ANY amount of your earnings anywhere on the standard 1040-NR, almost all of which are subject to “trade or business” deductions under 26 U.S.C. §162.
  7. Rebut all information returns that connect you or your property to a “trade or business”. See:
    Correcting Erroneous Information Returns, Form #04.001
    https://sedm.org/Forms/04-Tax/0-CorrErrInfoRtns/CorrErrInfoRtns.pdf
  8. Thoroughly understand the distinctions between POLITICAL Citizens* and CIVIL/DOMICILED Citizens**+D. The income tax is imposed ONLY on CIVIL “citizens**+D of the United States**” in 26 C.F.R. §1.1-1(a), not POLITICAL citizens.
  9. Consistently describe yourself as a POLITICAL Citizen* but never a CIVIL/DOMICILED Citizen**+D on an IRS or state form.
  10. Always approach the government as a Merchant offering private property for rent, and NEVER a Buyer procuring PUBLIC property for rent through income tax. This means define terms on every form you send to the government so that the civil statutory definitions are not invoked. This prevents them from being able to prove that you are pursuing PUBLIC civil statutory “privileges” or rights attached to said terms that might give rise to a civil obligation.
    10.1. Every term in the I.R.C. is preceded by an invisible “DOMESTIC” label, meaning PUBLIC. They can only write definitions that affect the control over property they own, not YOUR absolutely owned private property.
    10.2. Define the term SSN and TIN to mean a license to the GOVERNMENT under YOUR franchise agreement and not a STATUTORY SSN.
    10.3. Defined the term “taxpayer” as someone who is exclusively private and foreign and has made no elections and is a nonresident alien not engaged in a “trade or business”.

    For more on the above, see:
    On Why You MUST Define Franchise “words of art” on all Government Forms and How to Do It, FTSIG
    https://ftsig.org/on-why-you-must-define-franchise-words-of-art-on-all-government-forms-and-how-to-do-it/
  11. Study and learn the law so you aren’t victimized by equivocation on the part of the government designed to make your consent or “elections” invisible.
  12. Challenge all presumptions and equivocation which could convert YOUR status or that of your property from PRIVATE to PUBLIC.
  13. Force the government to prove with evidence that it has an ownership interest in whatever property it seeks to regulate or tax or enforce against.

The following image is a summary of the above list:

Below is a simple diagram to explain the content of this article:

For a complete graphical depiction of the concepts in this document, please read:

Property View of Income Taxation Course, Form #12.046
https://sedm.org/LibertyU/PropertyViewOfIncomeTax.pdf