PROOF: 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 legislative jurisdiction of Congress

Only within the criminal or common law and the sovereign mode of civil statutes may government regulate or control PRIVATE propertyPRI involuntarily. Sovereign mode of civil statutory law is implemented by the Public Interest Doctrine. The income tax operates in PROPRIETARY mode and not SOVEREIGN mode and is voluntary.

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 Constitutional Authority to convert PRIVATE to PUBLIC property or status

1. Separation Between Public and Private Course, Form #12.025
   http://sedm.org/LibertyU/SeparatingPublicPrivate.pdf
2. CORRUPTION: No Constitutional Authority to convert PRIVATE to PUBLIC property or status, FTSIG
   https://ftsig.org/corruption-no-constitutional-authority-to-convert-private-to-public-property-or-status/

3. 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: Tax Code is a State Sponsored Religion, FTSIG
   https://ftsig.org/proof-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

4. 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/

5. 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/
   

6. 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/

7. 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

8. 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: The “Presence Test” excludes States of the Union in the Case of American Nationals who are “Nonresident Aliens”, FTSIG
https://ftsig.org/proof-the-presence-test-excludes-states-of-the-union-in-the-case-of-american-nationals-who-are-nonresident-aliens/

9. “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: 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/proof-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/

American nationals must therefore make an “individualPUB” and a “personPUB” election by “effectively connecting” in 26 U.S.C. §864(b) and 26 U.S.C. §873(b)(3), which is voluntary. See:

Establishing USPI thru laws of property, Section 3: The ORIGIN of PUBLIC/GOVERNMENT Property: “Domestic”/”trade or business within the United States”/”personal services”, FTSIG
https://ftsig.org/how-you-volunteer/establishing-uspi-thru-laws-of-property/#3._The

AFTER you volunteer, the I.R.C. says you are engaged in services as a CIVIL STATUTORY “personPUB” volunteer:

Copilot: Meaning of civil statutory “services”, FTSIG
https://ftsig.org/copilot-meaning-of-civil-statutory-services/

10. 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

11. 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/

12. 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:

1. This claim is brought under Article III and the Tucker Act, 28 U.S.C. § 1491(a)(1) and not the I.R.C, seeking recovery of amounts alleged to have been improperly assessed, collected, or paid to you. This petition is submitted in a purely private capacity, invoking rights and remedies recognized under general common law and equity rather than under statutory civil public capacity provisions. The exclusions asserted herein re not claimed as civil privileges or exemptions “created or organized” under Article I, but as mandatory constitutional recognition of private capacity under Article III.  On that basis, this submission is not intended as a proprietary election to be treated as a “nonresident alien individual” under 26 U.S.C. §§873(b)(3), 864(b), or 6671(b).  Such an election is not necessary given that I can find no express liability statute for 1040NR filers under 26 U.S.C. §871. If you believe otherwise, please provide evidence of an express liability.  I therefore assert that no civil statutory civil penalties or limitation periods may lawfully apply to this submission or any private capacity activity.

2. Accordingly, this action is brought as an illegal‑exaction claim seeking return of private funds collected under statutory provisions that do not apply to my circumstances. It is not a request for deductions, exemptions, or other statutory benefits available only to those who voluntarily elect public capacity within the proprietary authority established under Subtitle A pursuant to Congress’ proprietary Sixteenth Amendment powers. I do not dispute Congress’ sovereign power to rent public capacities it legislatively creates as public property for a free, call that fee a “tax”, or even do so without real consideration, but only to the extent that I can do the same thing to them with my private property and identity.  They cannot lawfully force those public capacities upon unwilling private capacity victims who enjoy constitutional protections like me without express, informed, and voluntary consent not evident in this case, however, without running afoul of the First, Fifth, and Thirteenth Amendments, and the Unconstitutional Conditions Doctrine, and committing identity theft and false personation.

3. If the bureau believes I remain in custody, use, or benefit of any proprietary public property, civil statutory status, or privilege that I both asked for and received that would trigger CIVIL regulatory or taxing jurisdiction (United StatesJ in 26 U.S.C. §864(b)), I respectfully request court admissible evidence of same signed under penalty of perjury as required by 26 U.S.C. §6065 and the Benefit Protection Equivalence Doctrine so that any such interest or value may be formally disproved with evidence or entirely returned immediately.  I am therefore literally asking you to do your only legitimate job as a real government under the constitution:  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. Absent said proof, ownership over myself and my property in private capacity is absolute and I hereby exercise the right to exclude and the right to exercise any method of control over that property in your wrongful custody that I choose.

4. All disclosures or commercially beneficial uses of my identifying information or private property in your wrongful possession or anyone you give it to are unauthorized beyond this direct interaction, and I reserve all rights regarding any unauthorized commercial use of my identifying information.  You agree to pay any amount I specify in return for all said unauthorized commercial uses or abuses if my property is not returned immediately.

5. Amounts reported and received by the United States have been falsely characterized as proprietary “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 and labor needed to recover it. This correspondence constitutes notice of said terms as the owner of the private property in your wrongful custody, if any.  To the extent my private property in your unauthorized, wrongful, and unlawful custody is not promptly returned as requested, this correspondence shall also serve as ACCEPTANCE of said terms. 

Statement for Administrative Record in the Event you ignore, refuse, or attempt to penalize this filing

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.  This submission is made in good faith with full reservation of constitutional rights. It satisfies the Beard Test criteria for a valid return and may not be penalized, ignored, or interfered with.  26 U.S.C. §7203 (failure to file) may be invoked if it is.  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 raises 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 as a constitutional tort under the Unconstitutional Conditions Doctrine.

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 may not be cited in response.  Ensure that the facts in every case you cite EXACTLY match my circumstances or the case will be ignored as moot .

Pursuant to the First Amendment and the Religious Freedom Restoration Act, 42 U.S.C. Chapter 21B, my religion requires me to reject every 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, biblical delegation order, and covenantal duties as God’s trustee.

 Since no public capacity privilege or “individual” status has been elected, 26 C.F.R. § 1.6012‑1(b)(1)(i) does not apply to private capacity parties and is merely directory in nature in my private capacity case. I also do not meet the regulatory definition of the alien “individual” subject to withholding under 26 C.F.R. § 1.1441‑1(c)(3), nor do I voluntarily engage in proprietary privileged activities treated as a “trade or business” or “effectively connected” for federal tax purposes. My understanding is these statutory terms reflect Congress’ exercise of proprietary authority over public civil capacities and activities “created or organized” under proprietary powers in the Sixteenth Amendment, not over private capacity sovereign taxation under Article 1, Section 8, Clause 1.

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 not authorized to make legal conclusions, and doing so would constitute the unauthorized practice of law.

Any perjury statement provided validates only facts I add to existing government forms, and not information preexisting on the form or its factual connection to me or my circumstances.  A perjury statement cannot validate legal conclusions, and nearly all entries on IRS forms relate to legal conclusions about statutory public capacity rather than private factual or evidentiary events that involve physical human beings. Ministerial officers may not rely on my perjury statement to validate legal conclusions, public capacities, or may they make legal conclusions of their own, act as fact witnesses, or turn my legal conclusions into facts.  This provision ensures these limits are not violated.

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