Responding to Discovery Questions Relating to Taxation During Litigation

By ftsig-admin | March 13, 2025

“For the upright will dwell in the land [THE PHYSICAL LAND protected by “the LAW of the land”, the Constitution],
And the blameless will remain in it;
But the wicked will be cut off from the earth [by having the legal identity KIDNAPPED to be inside a a VIRTUAL corporation],
And the unfaithful will be uprooted from it.”
[Prov. 2:22, Bible, NKJV]

0. Introduction

During tax litigation, the purpose of discovery by the government is to:

Deceive you into making legal conclusions about your civil status or that of your property.
Generate facts that connect your civil status to a tax obligation and the amount of tax.
Generate facts that connect your property to a tax obligation and the amount of tax.
Assess your state of mind and knowledge about what obligations attach to you or your property.

Keep in mind that the ability to regulate or tax property depends on receipt of a PUBLIC privilege as PUBLIC property.

“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 [AND by implication taxation]. 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 [and taxation] ceases.”

[Munn v. Illinois, 94 U.S. 113 (1876);
SOURCE: https://scholar.google.com/scholar_case?case=6419197193322400931 ]

Thus, the purpose of all legal discovery relating to taxation is to connect you or the property subject to tax to a PUBLIC privilege and to measure and determine the liability connected with the privilege.

Further, YOUR purpose in responding to the tax discovery is to:

Enunciate your “foreign” and therefore “private” status at all times, and especially at the beginning of the deposition.
Keep the choice of law focused on equity, the common law, and the constitution and NOT civil statutory law.
Challenge every claim or determination they make by FORCING them to prove it with evidence.
3.1. A claim that is UNPROVEN is called an “ipse dixit”.
3.2. No one in the government is a fact witness about your personal circumstances.
3.3. Because no one in government is a fact witness, there is no way for them to prove ANYTHING.
Reject any and all privileges, including but not limited to:
4.1 “trade or business” under 26 U.S.C. §7701(a)(26).
4.2. Deductions under 26 U.S.C. §162.
4.3. Earned income credit.
4.4. Government health benefits, etc.
4.5. COVID stimulus, etc.
For an example how to do all the above in a tax return filing, see:
How to Reject All Privileges in a Tax Return Filing, FTSIG
https://ftsig.org/how-to-reject-all-privileges-in-a-tax-return-filing/
Generate evidence of compelled participation in privileges, such as the inability to conduct commerce without “RESIDENT” government ID. Duress invalidates all contracts or quasi-contracts.
Offer to reimburse the government for the amount of any costs they directly incurred in connection with any alleged privilege.
Enforce the equal obligation of the government to reimburse you for your services and the benefits they received from you to restore perfect equity and make all parties whole for the affected time period.
Behave responsibly and respectfully at all times.
Shift the burden or proof to the government in proving that you are in possession or receipt of a privilege or public property.

If you don’t do all the above, then your civil legal identity will be legally kidnapped and moved to the District of Criminals per 26 U.S.C. §7701(a)(39) and 26 U.S.C. 7408(d). This is done simply by changing the “choice of law” (Litigation Tool #01.010) without your consent and often without your knowledge. They will change that law from PRIVATE, common law, equity, and the Constitution to PUBLIC, civil statutory, and subject matter. Thus, your IDENTITY but not you physically will be transported to the King’s castle and you will be ordered to bend over and submit, as the following scripture indicates. They want you “in the State”, which is a corporation serving in a voluntary public office without your knowledge, but NEVER “on the land” as simply a PRIVATE human being that the Constitution and the Bill of Rights ALONE protect:

“For the upright will dwell in the land [THE PHYSICAL LAND protected by “the LAW of the land”, the Constitution],
And the blameless will remain in it;
But the wicked will be cut off from the earth [by having the legal identity KIDNAPPED to be inside a a VIRTUAL corporation],
And the unfaithful will be uprooted from it.”
[Prov. 2:22, Bible, NKJV]

The STORY of the above legal kidnapping by government prosecutors is described by the Bible in:

How Scoundrels Corrupted Our Republican Form of Government, Family Guardian Fellowship, Section 5
https://famguardian.org/Subjects/Taxes/Evidence/HowScCorruptOurRepubGovt.htm#BIBLICAL_EXAMPLE_FIGHT

The only thing new under the sun is the history you do not know because your oppressors won’t teach it to you in the PUBLIC FOOL academy called public school. There are FOUR steps to that kidnapping, documented below, and you will see all these steps replicated by every government opponent, as predicted by God:

Isolation. Jeremiah 1. The Israelites were placed in exile and isolated from their people. In modern times, this is what the “cancel culture” does: Cut people off economically from their support system until they assimilate into the group that is attacking them.
Indoctrination. Dan 1:1-4. The Israelites were taught to believe and think like the conquerors. In modern times, this is done with legal deception and media propaganda. See:
Legal Deception, Propaganda, and Fraud, Form #05.014
https://sedm.org/Forms/05-MemLaw/LegalDecPropFraud.pdf
Compelled to accept the King’s privileges. Dan. 1:5. This is done to keep them in fear of losing something they value so that they will not disobey. In modern times, this is done with benefits, privileges, and franchises. See:
Government Instituted Slavery Using Franchises, Form #05.030
https://sedm.org/Forms/05-MemLaw/Franchises.pdf
Identity alteration. Dan. 1:7. The captives were renamed. The names were created by the conqueror and whatever they create they literally own as property. In modern times, this is done by assigning fictional civil statuses to people, such as “person”, “citizen”, “resident”, etc. to in effect appoint them into service of the government under a state sponsored franchise. See:
Government Identity Theft, Form #05.046
https://sedm.org/Forms/05-MemLaw/GovernmentIdentityTheft.pdf

Keep in mind that it is not up to those conducting discovery to decide the CHARACTER or the CONTEXT of the speech, it is up to YOU the speaker as the OWNER of yourself. Using the force of law and a court to enforce the consequences of a word that you aren’t even allowed to DEFINE when you use it is a usurpation.

If you decide everything you says is not factual or actionable and communicate that at the time of discovery, the listener cannot change it. IF they do, they are violating your right of free expression and your ownership of yourself. You can’t be held responsible for false statements unless you CONSENT to label them as FACTUAL and then tell a lie.

1. Deceive you into making legal conclusions about your civil status or that of your property.

Government cannot compel you to anything, including engaging in legal conclusions. When you do discovery against the government relating to item 1, they usually respond with:

Objection: Calls for a legal conclusion.

That should be your response as well. But what is a “legal conclusion”? Here is one definition:

A “legal conclusion” refers to a statement or determination about how the law applies to specific facts. It often involves interpreting legal principles, statutes, or case law to reach a judgment or opinion regarding a legal issue. Legal conclusions are typically drawn by judges, attorneys, or legal professionals as part of analyzing a case or situation.

A legal conclusion on your part is any statement by you that connects you, your property, or your actions with terms created and defined by the legislature as part of a civil franchise of some kind. That civil franchise could be domicile itself or a franchise that ADDS to domicile, such as income tax. Governments trying to get you to make a legal conclusion about yourself in effect are trying to connect you to a voluntary privileged activity that can be regulated or to the use of public property they own or control.

How can you avoid reaching legal conclusions? Here are a few methods:

Precede your response by stating that:
1.1. Nothing you say may be connected with any status or definition in any civil statute.
1.2. The only law which applies is the constitution, equity, and the common law.
Precede your response by stating that it is an opinion or belief instead of an actionable or factual statement. Federal Rule of Evidence 610 says religious or political opinions or beliefs are not admissible as evidence.
Provide a list of definitions of terms commonly found on government forms so that they may NOT be construed in their statutory sense. See, for instance:
Injury Defense Franchise and Agreement, Form #06.027
https://sedm.org/Forms/06-AvoidingFranch/InjuryDefenseFranchise.pdf
Stick to facts that are physically and objectively verifiable by anyone, and ESPECIALLY anyone with no legal education.
Do not use or invoke terms found in civil statutes that might connect private property to a status in the statutes. This would cause the property to be converted from PRIVATE to PUBLIC.
Stick to things you have a “personal knowledge” and MEMORY of that can be tied to a specific time and place. For instance, someone asking where or when you were born is asking you something you can’t verify. You were not sentient at the time you were born and couldn’t therefore be a fact witness of your birth. Other third parties could but not you.
Do not APPLY physically verifiable facts to reach a conclusion about ANYTHING related to a statute.
7.1. All legal conclusions relating to civil statutes are DANGEROUS and should be avoided.
7.2. LAW conclusions about whether you are subject to or protected by the constitution, the common law, and equity are always safe.
To insist on the equal right to ask questions of the government, and taking turns both answering and asking questions, so that they will completely off guard. Provide a default answer to questions and identify that default as their answer if they refuse to answer.

2. Generate facts that connect your civil status to a tax obligation and the amount of tax

Specific facts that relate directly to YOUR CIVIL status and tax obligation:

American nationals: They must be VOLUNTARILY domiciled or make an election to be privileged.
1.1. These are called “U.S. nationals” in 22 C.F.R. §51.2 (passports) and “nationals of the United States” in 8 U.S.C. §1101(a)(22) (immigration and nationality).
1.2. Whether you are a “citizen”, or “U.S. citizen”.
1.3. Where your VOLUNTARY “domicile” is. This relates mainly to state income taxes, which are entirely based on domicile.
1.4. What kind of tax return you filed: RESIDENT or NONRESIDENT.
1.5. Where you were born.
1.6. What “elections” you have made, including deductions, earned income tax credit, and stimulus checks.
Foreign nationals: They are privileged whether domiciled or consenting or not.
2.1 Whether you are a “resident”, or “U.S. resident”.
2.2. Whether you have a green card.
2.3. Where you physically “reside”.
2.4. Where your “residence” is.
2.5. Where your “permanent address” is.
2.6. Whether you are married to an American national, because even as an alien, you can elect “nonresident alien” status if married to an American national pursuant to 26 U.S.C. §6013(g) and (h).
2.7. Where you were born.

2.1. American nationals

American nationals are nonresident EVERYWHERE per 26 U.S.C. §7701(b). Thus, you can’t become “legally present” under the subject matter jurisdiction of the national government without an “election” of some kind. Making such an election is how you then become a CIVIL “individual” and “person” under 26 U.S.C. §873 (deductions).

Privileges are implemented with CIVIL statutory law. As such, American nationals need to CONSENSUALLY PURSUE the “benefit” of a specific CIVIL status under a specific civil statute in order to become privileged. Government representatives will therefore ask LOTS of questions to trick you into assigning a civil statutory status to yourself, the most important of which is “citizen”, “citizen of the United States”, or “U.S. citizen”. General guidelines in answering such questions:

They will try to equivocate POLITICAL “citizen*” status with CIVIL “citizen**+D” status.
If you ask them which context applies, POLITICAL or CIVIL, they will refuse to answer.
No matter WHAT answer you give them, they will PRESUME that your answer has the CIVIL context UNLESS you specify ONLY the POLITICAL context, which you should ALWAYS do.
By not specifying or ignoring the context, they can EVADE admitting that they need your consent to participate in the franchise that is the income tax. A “franchise”, after all, is legally defined as a privilege that ADDS to the ordinary rights and privileges of a POLITICAL citizen* or “national of the United States”. Thus, they can make your consent to engage in the franchise privilege INVISIBLE and thereby legally “kidnap” you into their jurisdiction without you even knowing it.

Regardless of the above, the following list describes things it is always safe to say about your civil status that can never result in a civil statutory status or corresponding obligation:

The items below are FACTUAL and ACTIONABLE, and only THIS information that I communicate is factual. Everything else is non-factual and not actionable.
I am an American national.
I am a “national of the United States” under 22 C.F.R. §51.2 and 8 U.S.C. §1101(a)(22).
I have “allegiance” by virtue of birth in the COUNTRY “United States*” but I don’t want civil statutory protection.
I am a “nonresident alien” and a “non-person” by virtue of not being engaged in the “trade or business” excise taxable franchise and making NO ELECTIONS of any kind. As such, I am a “foreign estate” the earnings of which are not includible in “gross income”. 26 U.S.C. §7701(a)(31). Such parties are not even expressly listed in 26 C.F.R. §1.1-1 as being “liable to” rather than “liable for” the income tax.
I remain FOREIGN and PRIVATE in relation to any and every government. I am forbidden by my religious beliefs from becoming DOMESTIC, PUBLIC, RESIDENT, PRIVILEGED, or in requesting or using any government benefit, property, or privilege.
Any attempt to make me DOMESTIC, PUBLIC, RESIDENT, a civil PERSON, or PRIVILEGED is a direct interference with the First Amendment right to practice my religion.
I am not a member of your civil statutory protection franchise called domicile or the Private Membership Association (PMA) called “the State” that it implements. See:
Self, Family, Church, Local Self Governance, and Private Membership Associations (PMAs), SEDM
https://sedm.org/self-family-church-and-local-self-governance/
I own myself and I am the only one who can choose the LAWS that protect me, and you’re fired as my civil statutory protector. If you think you can override that choice, then you think I’m a slave and state property.
I have no delegated authority from God as a full time believer and His trustee to derogate ownership of myself or any of my property to you or any government. Thus, it is a legal impossibility.

2.2. Foreign nationals

These people are called “aliens” in the I.R.C. by virtue of the birth in a foreign country. When PRESENT within the borders of the COUNTRY “United States*” they become “resident aliens” under 26 U.S.C. §7701(b)(1)(A) whether they want to be or not.

3. Generate facts that connect your property to a tax obligation and the amount of the tax

Specific facts that relate directly to the status of your property and tax obligations related to it:

Where the property is physically located.
The “address” where the property is located.
Whether the property was used in connection with the “trade or business” activity as defined in 26 U.S.C. §7701(a)(26).
Whether the property is TANGIBLE (physical) or INTANGIBLE (incorporeal or virtual).
Who the OWNER or OWNERS of the property is.
Where the OWNER or OWNERS are physically located (domiciled or “resident”).
The CIVIL STATUS of the OWNER or OWNERS.
What CATEGORY the ownership falls in:
8.1. Absolute.
8.2. Qualified (shared).
Any encumbrances, contracts, or stipulations that might affect ownership of the property.

Absolute ownership of property implies at least the following two rights:

Right to exclude any and all others from using or benefitting from the property.
Right to place conditions on the use or enjoyment of the property who are in possession of the property.

If you don’t have both of the above rights or need permission to exercise either of the above rights in regard to the property, then you are NOT the absolute owner and someone ELSE is who you need permission from.

Regardless of the above, the following list describes things it is always safe to say about the civil status of your property that can never result in a civil statutory status or corresponding obligation:

The items below are FACTUAL and ACTIONABLE, and only THIS information that I communicate is factual. Everything else is non-factual and not actionable.
The property is not LEGALLY located within the geographical “United States” defined in 26 U.S.C. §7701(a)(9) and (a)(10) because it was never affected by any elections by its owner. It was thus not consensually donated to a public use by connecting it with the “trade or business” franchise or “effectively connecting” it to bring it within the Subject Matter jurisdiction of the national government under Article 4, Section 3, Clause 2 of the Constitution in such a geographical region. Without such an election, it remains absolutely owned and protected only by the common law, equity, and the constitution and not affected by CIVIL taxation or regulation. See:
Property View of Income Taxation Course, Form #12.046
https://sedm.org/LibertyU/PropertyViewOfIncomeTax.pdf
The property in question has not been consensually donated to the “trade or business” excise taxable franchise. See:
The “Trade or Business” Scam, Form #05.001
https://sedm.org/Forms/05-MemLaw/TradeOrBusScam.pdf
Any use of identifying numbers in connection with any specific property is not legally required and if a number was used, it was COMPELLED. 26 C.F.R. §301.6109-1(b).
Any numbers provided for identification are not STATUTORY numbers, but PRIVATE PROPERTY issued to you under the terms of the following anti-franchise franchise:
Injury Defense Franchise and Agreement, Form #06.027
https://www.law.cornell.edu/cfr/text/26/301.6109-1
I am the ONLY Merchant (U.C.C. §2-104(1)) and you are the only Buyer (U.C.C. §2-103(1)(A)) in relation to all my property and any property, services, or privileges you make available to the public. Any attempt to receive the custody, use, or benefit of my property constitutes an acceptance to the above agreement. As the ABSOLUTE owner of myself and my property, I am the ONLY one who can lawfully write rules or definitions or laws that affect said property. See:
Laws of Property, Form #14.018, Section 12
https://sedm.org/Forms/14-PropProtection/LawsOfProperty.pdf
I have no delegated authority from God as a full time believer and His trustee to derogate ownership of myself or any of my property to you or any government. Thus:
7.1. For ownership of said property to be anything OTHER than absolute and protected by the common law, equity, and the constitution it is a legal impossibility.
7.2. Any interference with the exercise of that absolute ownership is a direct interference with the exercise of my religion.

4. To assess your state of mind and knowledge about what obligations attach to you or your property

The reason for asking questions of this sort is that they are a way to establish a “mens rea” or evil intent to make you like like you are hiding something or being untruthful because you are hiding somethin. All tax crimes require a mens rea, or evil intent. The more you talk about what you know about the law, what the law requires of you, and why you did something, the more likely you are to be found guilty.

5. Responding to questions involving words subject to equivocation

Government attorneys are sophist equivocators. That means they frequently will:

Use statutory terms that are are undefined. These are called “general expressions”.
Use statutory terms that have more than one context and not identify the context.
Refuse to define which context for the word they are using.
Refuse to limit their question to a SINGLE identified context.
Use terms that have a common meaning. This is not permitted in the legal field. The LEGAL DEFINITION must be cited instead.

Example “terms” that fit in the above list:

Domestic and Foreign. NEITHER of these terms is EVER defined geographically in the Internal Revenue Code.
1.1. “Domestic” means WITHIN the United States federal corporation per 26 U.S.C. §7701(a)(4)
1.2. “Foreign” means OUTSIDE that corporation.
See:
INTERNAL and EXTERNAL, DOMESTIC and FOREIGN terms, FTSIG
https://ftsig.org/internal-and-external-domestic-and-foreign-terms/
United States. This has at least FOUR contexts. See:
https://ftsig.org/advanced/definitions/#32._United
State. This can mean a state in the Constitution or a federal territory in 4 U.S.C. §110(d).
Employee. This can mean:
4.1. A government “employee” under 5 U.S.C. §2105.
4.2. A private human who made an “election” under 26 U.S.C. §3402(p) to treat their compensation as property of the national government.
4.3. An ordinary human who works for a private company and is not subject to civil statutory law by virtue of doing so.
Income. This can have an ordinary sense, a CIVIL STATUTORY sense, and a CONSTITUTIONAL sense.
5.1. Congress CANNOT define this term in a Constitutional sense because the Constitution is their delegation of authority order. In a Constitutional sense, it means PROFIT.
5.2. If Congress DOES attempt to define it in statutes, then they must be operating OUTSIDE the constitution upon property owned by the government.
See:
https://famguardian.org/TaxFreedom/CitesByTopic/income.htm
Trade or business. See:
The “Trade or Business” Scam, Form #05.001
https://sedm.org/Forms/05-MemLaw/TradeOrBusScam.pdf
Nonresident alien. It has at least THREE contexts. See:
The Three Types of “foreign persons”, FTSIG
https://ftsig.org/the-three-types-of-foreign-persons/

When faced with discovery questions by government sophist equivocators that employ any of the above terms, the proper response instead of ASSUMING which context is implied is to:

FORCE them to disclose ONLY ONE context for the term before you will respond.
Describe all available contexts and force them to choose only one.
Ask them of the CONSTITUTIONAL (private and political context) is implied or the CIVIL STATUTORY contexts (PUBLIC and CIVIL) is implied.

Once your government opponent knows that you understand their equivocation, they will be forced to surrender their most powerful weapon to kidnap your legal identity.

For an exhaustive list of the many methods of sophistry and equivocation abused by government prosecutors and methods of dealing with them, see:

Special Language->Includes and Including menu
Legal Deception, Propaganda, and Fraud, Form #05.014
https://sedm.org/Forms/05-MemLaw/LegalDecPropFraud.pdf

Posted in Litigation