The consequences of filling out a W-4 for those not ALREADY working for the government
1. ITEMIZED LIST OF CONSEQUENCES
Below is a list of all the legal consequences of filling out a W-4 with your business associates:
1. You identified yourself as a GOVERNMENT/FEDERAL employee. The title of the form is “EMPLOYEE withholding allowance certificate. Below is the legal definition of “employee”:
26 U.S. Code § 3401 – Definitions
(c)Employee
For purposes of this chapter, the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation.
2. You have been assimilated into the “general class” of “employees” by your consent through the use of “includes” and your election or consent to the status:
26 U.S. Code § 7701 – Definitions
(c) “The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.”
27 C.F.R. §72.11 Meaning of terms
“The term ‘includes’ does not exclude things not enumerated which are in the same general class,” or may use phrases like “includes but is not limited to” to provide examples of entities within a broader category, eCFR (.gov)
By ADDING private people not expressly defined as “employees” recruited by consent to be treated “as if” they are statutory civil employees, IRS has deceptively violated the separation of powers and the rules of statutory construction.
Legal Deception, Propaganda, and Fraud, Form #05.014
https://sedm.org/Forms/05-MemLaw/LegalDecPropFraud.pdf
IRS did this by abusing CONSENT as a method to:
- Alienate rights that the Declaration of Independence says are supposed to be unalienable.
https://sedm.org/LibertyU/UnalienableRights.pdf - Work a purpose OPPOSITE that of establishing government, which is to PROTECT private property and private status. Thus, rendering the government a de facto government:
https://sedm.org/Forms/05-MemLaw/DeFactoGov.pdf - Unlawfully enlarge the meaning of the statutory definition of words beyond what is expressly indicated.
- Fool you into consenting without you REALIZING you are consenting.
- Accomplish what is sometimes called a “limited expansion” of a statutory definition in order to effect all the above.
Only congress can define words by legislation only. Anything not expressly included in a definition is purposefully excluded per the rules of statutory construction. By cooperating with this scam, you have also aided the IRS in violating due process, which requires that you must be EXPRESSLY notified of everything that is included in a statutory definition and never be required to guess about what is included. See:
“Includes” and “including”, FTSIG
https://ftsig.org/special-language/includes-including/
3. You made an “election” to treat private earnings from your labor as a “federal payment” pursuant to 26 U.S.C. §3402(p). Thus, it becomes PUBLIC property you are now a steward and custodian of.
26 U.S. Code § 3402 – Income tax collected at source
(p)Voluntary withholding agreements
If, at the time a specified Federal payment is made to any person, a request by such person is in effect that such payment be subject to withholding under this chapter, then for purposes of this chapter and so much of subtitle F as relates to this chapter, such payment shall be treated as if it were a payment of wages by an employer to an employee.
The amount to be deducted and withheld under this chapter from any payment to which any request under subparagraph (A) applies shall be an amount equal to the percentage of such payment specified in such request. Such a request shall apply to any payment only if the percentage specified is 7 percent, any percentage applicable to any of the 3 lowest income brackets in the table under section 1(c),1 or such other percentage as is permitted under regulations prescribed by the Secretary.
(C)Specified Federal payments
For purposes of this paragraph, the term “specified Federal payment” means—
(i) any payment of a social security benefit (as defined in section 86(d)),
(ii) any payment referred to in the second sentence of section 451(d) 1 which is treated as insurance proceeds,
(iii) any amount which is includible in gross income under section 77(a), and
(iv) any other payment made pursuant to Federal law which is specified by the Secretary for purposes of this paragraph.
Rules similar to the rules that apply to annuities under subsection (o)(4) shall apply to requests under this paragraph and paragraph (2).
4. Although the W-4 doesn’t identify itself as an “Agreement” but rather a “withholding certificate”, you were fooled to enter into a contract or agreement without knowing it if you never read 26 U.S.C. §3402(p) above.
5. 5 U.S.C. §5102 indicates that you are now an UNCOMPENSATED government “employee” who receives no pay from the treasury:
5 U.S. Code § 5102 – Definitions; application
(a) For the purpose of this chapter—
[. . .]
(2) “employee” means an individual employed in or under an agency;
(c)This chapter does not apply to—
[. . .]
(13) employees who serve without pay or at nominal rates of pay;
(14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title), except that with respect to the Veterans’ Canteen Service, Department of Veterans Affairs, this paragraph applies only to employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 7802 of title 38;
(15) employees whose pay is fixed under a cooperative agreement between the United States and—
(A) a State or territory or possession of the United States, or political subdivision thereof; or
(B) an individual or organization outside the service of the Government of the United States;
6. You volunteered to be someone engaged in services as a civil “person” who is the lawful target of federal enforcement under 26 U.S.C. §6671(b) (civil enforcement), 26 U.S.C. §7343 (criminal enforcement) by virtue of accepting the civil status of “employee”.
26 U.S. Code § 6671 – Rules for application of assessable penalties
(b)Person defined
The term “person”, as used in this subchapter, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.
26 U.S. Code § 7343 – Definition of term “person”
The term “person” as used in this chapter includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.
7. Because you essentially consented to be treated AS IF you are a federal civil “employee”, you have been assimilated into the U.S. Inc. federal corporation and now become “domestic” while on duty in connection with your now PUBLIC “employment”.
26 U.S. Code § 7701 – Definitions
(a)When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(4)Domestic
The term “domestic” when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations.
8. BECAUSE you volunteered be a civil “person” in receipt of privileged, insured federal “employment”, you are engaged in “personal services”, which is a euphemism for services as a civil “person”:
26 C.F.R. §1.469-9 Rules for certain rental real estate activities.
(b)(4) PERSONAL SERVICES.
Personal services means any work performed by an individual in connection with a trade or business. However, personal services do not include any work performed by an individual in the individual’s capacity as an investor as described in section 1.469-5T(f)(2)(ii).
More like the above at:
Authorities on “personal services”, Family Guardian Fellowship
https://famguardian.org/TaxFreedom/CitesByTopic/PersonalServices.htm
9. Because you are consensually engaged in “personal services”, your formerly PRIVATE employment is now “effectively connected” and taxable.
26 U.S. Code § 864 – Definitions and special rules
(b)Trade or business within the United States
For purposes of this part, part II, and chapter 3, the term “trade or business within the United States” includes the performance of personal services within the United States [corporation, not geography] at any time within the taxable year, but does not include—
WELCOME TO THE MATRIX, NEO!
Why You are Here, Family Guardian Fellowship
http://famguardian.org/Media/Choices.mp3
2. HOW TO PREVENT THE ABOVE
The ONLY form readers and users of the information on this site can fill out when seeking paid work arrangements INSTEAD is the following, which eliminates ALL the above consequences:
W-8SUB, Form #04.231
https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf
For more on how to deal with employment withholding without sacrificing your PRIVATE status, see:
Federal and State Withholding Options for Private Employers, Form #09.001
https://sedm.org/Forms/09-Procs/FedStateWHOptions.pdf
3. CONCLUSIONS
Like any mafia, the only thing a corrupt government protects is itself and their own revenue. They don’t give a crap about you. And if you don’t pay your protection money and insist on remaining private, the system is engineered to weaponize against you.
If they REALLY cared about protecting you and your PRIVATE property and PRIVATE status, they would:
- Offer you an EXPLICIT choice that AVOIDS privileges and PROTECT your right to choose instead of hiding it with sophistry to make your consent invisible. See:
- Mention in the W-4 instructions that American nationals who don’t want to submit it can instead use the W-8SUB:
https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf - Provide a withholding form to hand companies that INSIST on withholding forms and which recognizes the ability of American nationals to remain private and foreign like our W-8SUB above.
- Warn companies that they cannot compel submitting the W-4 or submit a W-2 WITHOUT a voluntary W-4 on file.
- Prosecute companies who compel W-4 withholding.
- Prosecute companies who file W-2’s against those who REFUSE to fill out the W-2.
- Provide information in the 1040NR instructions about how to indicate the W-4 was compelled so that they can exclude the information falsely reported on the W-2 at the end of the year. Instead, they penalize or ignore tax returns containing this kind of information.
The fact the the IRS, as an ALLEGED but not ACTUAL government agency do not do any of the above is proof of a breach of fiduciary duty and of the public trust:
“As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. [1] Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [2] That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves. [3] and owes a fiduciary duty to the public. [4] It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. [5] Furthermore, it has been stated that any enterprise undertaken by the public official which tends to weaken public confidence and undermine the sense of security for individual rights is against public policy.[6]”
[63C Am.Jur.2d, Public Officers and Employees, §247]
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FOOTNOTES:
[1] State ex rel. Nagle v Sullivan, 98 Mont 425, 40 P.2d. 995, 99 A.L.R. 321; Jersey City v Hague, 18 N.J. 584, 115 A.2d. 8.
[2] Georgia Dep’t of Human Resources v. Sistrunk, 249 Ga. 543, 291 S.E.2d. 524. A public official is held in public trust. Madlener v. Finley (1st Dist) 161 Ill.App.3d. 796, 113 Ill Dec 712, 515 N.E.2d. 697, app gr 117 Ill Dec 226, 520 N.E.2d. 387 and revd on other grounds 128 Ill.2d. 147, 131 Ill.Dec. 145, 538 N.E.2d. 520.
[3]Chicago Park Dist. V. Kenroy, Inc., 78 Ill.2d. 555, 37 Ill.Dec. 291, 402 N.E.2d. 181, appeal after remand (1st Dist) 107 Ill.App.3d. 222, 63 Ill.Dec.134, 437 N.E.2d. 783.
[4] United States v. Holzer (CA7 Ill) 816 F.2d. 304 and vacated, remanded on other grounds 484 U.S. 807, 98 L.Ed.2d. 18, 108 S.Ct. 53, on remand (CA7 Ill) 840 F.2d. 1343, cert den 486 U.S. 1035, 100 L.Ed.2d. 608, 108 S.Ct. 2022 and (criticized on other grounds by United States v. Osser (CA3 Pa) 864 F.2d. 1056) and (superseded by statute on other grounds as stated in United States v Little (CA5 Miss) 889 F.2d. 1367) and (among conflicting authorities on other grounds noted in United States v. Boylan (CA1 Mass) 898 F.2d. 230, 29 Fed.Rules.Evid.Serv. 1223).
[5] Chicago ex rel. Cohen v Keane, 64 Ill.2d. 559, 2 Ill.Dec. 285, 357 N.E.2d. 452, later proceeding (1st Dist) 105 Ill.App.3d. 298, 61 Ill.Dec. 172, 434 N.E.2d. 325.
[6]Indiana State Ethics Comm’n v. Nelson (Ind App) 656 N.E.2d. 1172, reh gr (Ind App) 659 N.E.2d. 260, reh den (Jan 24, 1996) and transfer den (May 28, 1996).
Deceased comedian George Carlin describes the consequence of people in the government VIOLATING the above and not doing the above as follows. What he is really talking about is a government that is doing the OPPOSITE of what it was created to do, which is protect private property. instead, they have made a profitable business out of alienating rights that are supposed to be inalienable because they love money more than they love doing the job they were hired to do:
You Have Owners, Carlin
https://youtu.be/Bc31Vi1h4rk
Those who refuse to learn and enforce the law to prevent the abuses indicated here are their own worse enemy.
Authorities on why we must PERSONALLY learn, follow, and enforce man’s law and God’s law, SEDM
https://sedm.org/home/why-we-must-personally-learn-follow-and-enforce-the-law/