no valid OMB number
From: Lindsey Springer (gnutella@mindspring.com)
You may not know this sender. Sent: Sun 5/27/07 5:05 PM
To: Lindsey Springer (lindsey@mindspring.com)
| Security scan upon download |  |
| |
|
PS. I have attached the Government's response to the "exemption amount" and "standard deduction" explanation in the 9th Circuit last week. Remember, this is one of the changes every year on the Form 1040 that never appears on any application to the Office of Management and Budget (44 U.S.C. section 3507)[remember 3506(c)(1)(B)(ii), indicates collection is "in accordance with clearance requirements of section 3507"].
Lindsey Springer
Recently, like today, I was asked to answer this question: Is the PRA defense still valid, or has IRS now obtained valid OMB numbers for their 1040 forms?
Answer:
The IRS has never even tried to obtain a "valid" OMB number. To be valid, and "issued in accordance with this chapter" the request for approval must have displayed these criteria:
44 U.S.C. § 3506(c)(1)(B)(1995) requires that each collection of information, which Form 1040 is such collection, to be:
(i) inventoried, displays a control number and, if appropriate, an expiration date;
(ii) indicate the collection is in accordance with the clearance requirements of section 3507; and
(iii) informs the person receiving the collection of information of -
(I) the reasons the information is being collected;
(II) the way such information is to be used;
(III) an estimate, to the extent practicable, of the burden of the collection;
(IV) whether the responses to the collection of information are voluntary, required to obtain a benefit, or mandatory; and
(V) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number
44 U.S.C. § 3512(1995) provides that:
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter if -
(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or
(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
Both 3506(c)(1)(B), 3507 [as identified in 3506(c)(1)(B)(ii)] and 3512 establish what it means to be "issued in accordance with this chapter". I have attached the Form 1040 for 2006 to this email. If you take the time to print off this email and lay it side by side with the Form 1040 you will see none of the 3506(c)(1)(B) requirements appear on Form 1040. See if 3512(a)(2)'s warning that also is under 3506(c)(1)(B)(iii)(V) appear anywhere and you will see for yourself the IRS has not brought their collection of income tax information form !040 into compliance. For the entire section 3506 you may read it here: http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=44&sec=3506.
Also, for 3512 see http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=44&sec=3512. You are well on your way to understanding that the IRS is not in compliance but also that to be in compliance they would need to inform you that your obligation is a "regulatory requirement" and voluntary under the Fifth Amendment. They would also need to explain how they determined the requirement to be triggered and that regulatory requirement relies on a "exemption amount" that is at best the most confusing formula anyone has ever read and only written through "revenue procedure". Revenue procedure is not a law written by Congress. The law must be written before it applies and for the IRS to inform OMB that the law is incomplete at the time they apply for approval would send the IRS application to the trash bin.
The IRS violates the "ex post facto" provision of the Constitution. The IRS intentionally violates the jurisprudence surrounding the Fifth Amendment because it seeks the information and then claims, if it needs to get you, it has a right to use the information you provided, to punish you (penalty protest input here), by claiming you voluntarily gave it to them. The constitutions "due process" provision of the Fifth Amendment requires the public be given notice of the "definite and knowable" law to which would apply to any conduct of any Citizen and prior to the conduct at issue being subject to that or those laws. The IRS is required to comply with the Paperwork Reduction Act of 1980 and 1995 and to this they choose not to do because of the logical reaction to what the average person would then realize when reading the Form 1040 and the notices displayed on said Form. It would change everyone's understanding of their "duty". Simply, who would "volunteer" after being threatened?
By allowing this chaos to continue America is now become what she attacked others for being. The aggressor. It has turned the Government against the people allegedly electing it. Today we have in the Department of Justice alone 400 political appointments and 150,000 currier employees who do not change with each administration and most are (licensed) attorneys. The IRS employees over 100,000 in collection activities alone (many attorneys)(licensed). All this is built around the IRS continuing. The percentage of money claimed by the Government through the IRS is astonishing. They even claim they can make any amount up and then you have to defend against their claims. This alone is tyranny. And as we recently viewed in Springer I, II and III, the Judicial branch (licensed attorneys) can see where you are heading and they simply restrict your right to complain or redress your grievance against the United States (IRS). In the Sixth Amendment a trial by jury is a namesake only. Any relevant fact to be disputed for imprisonment is found by the Judge and not the Jury. This is because in tax cases the Tax Code makes the IRS so vulnerable that if the Jury had to decide what the law said the person on trial was required to do, the Government would not ever win and the true appearance of tyranny would be evident to the Jury and anyone watching the trial.
At this point most of the First (religion, redress, free speech), all of the Second (own and possess a gun to defend yourself), most of the Fourth (seizure by default and without due process), Fifth (grand jury indictment, due process, nature and cause), Sixth (jury trial, call witnesses, speedy trial), Seventh (no jury trial against the U.S. such as IRS), Eighth (inhumane treatment like torture, cruel and unusual punishment)(does punishing someone for not doing something they were not mandated to do qualify as cruel and unusual?) Amendments, and I can go on and on and on.
We have 20 million people here illegally and routinely violate the laws of America. America is being held hostage by the law enforcement community for their refusal to enforce the law of immigration while at the same time this same community, at the appearance of any tax law violation, jumps at the chance to put any American in prison. We are told that we are at war in Iraq because of the threat to our homeland yet our homeland is wide open. We are told to obey the law yet 20 million do not and we try to find a reason to allow it because our system cannot imprison every person who continues to seek their home in America. Now, we have $ 5 a gallon of gas coming to America.
The Government argues our system is based upon inflationary adjustments but those adjustments do not appear the same when it is to the advantage of an American as opposed to when it is to the advantage of a heavily regulated industry like oil and gas. The system failed and failed along time ago and the only savior was the IRS and inflation adjustments and that has now dried up. Without change, and I mean now, back to the rule of law and the Constitution, America's way of life will cease to exist, and then all those who accepted the lulling into inaction will realize, for the first time in most cases, why our Founding Fathers were so courageous and why the Constitution was fruit from such display of courage. We only need the courage to get off the couch and read the law and apply the law to the facts. Something they would have traded for in a second (our founding fathers).
The actual war is America v. Inflation (United States) and the subject matter of the war is U.S. Currency and more importantly its value. As long as the IRS is subject to laws within this war, the IRS will never tell you what they are required to tell you because that act alone, telling you what the law requires them to tell you, will end the war. All America has to do is learn about how to force their Government to comply with the law anytime their Government seeks anything from them and America will be enroute to where she rightfully belongs.
That is, bound under the rule of laws and not bound under the rule of men (or women).
There is not a better place than to begin with the Form 1040.
I guess all can see now why God directed me to this mission under the name Bondage Breaker's Ministries.
Answer:
The IRS has never even tried to obtain a "valid" OMB number. To be valid, and "issued in accordance with this chapter" the request for approval must have displayed these criteria:
44 U.S.C. § 3506(c)(1)(B)(1995) requires that each collection of information, which Form 1040 is such collection, to be:
(i) inventoried, displays a control number and, if appropriate, an expiration date;
(ii) indicate the collection is in accordance with the clearance requirements of section 3507; and
(iii) informs the person receiving the collection of information of -
(I) the reasons the information is being collected;
(II) the way such information is to be used;
(III) an estimate, to the extent practicable, of the burden of the collection;
(IV) whether the responses to the collection of information are voluntary, required to obtain a benefit, or mandatory; and
(V) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number
44 U.S.C. § 3512(1995) provides that:
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter if -
(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or
(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
Both 3506(c)(1)(B), 3507 [as identified in 3506(c)(1)(B)(ii)] and 3512 establish what it means to be "issued in accordance with this chapter". I have attached the Form 1040 for 2006 to this email. If you take the time to print off this email and lay it side by side with the Form 1040 you will see none of the 3506(c)(1)(B) requirements appear on Form 1040. See if 3512(a)(2)'s warning that also is under 3506(c)(1)(B)(iii)(V) appear anywhere and you will see for yourself the IRS has not brought their collection of income tax information form !040 into compliance. For the entire section 3506 you may read it here: http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=44&sec=3506.
Also, for 3512 see http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=44&sec=3512. You are well on your way to understanding that the IRS is not in compliance but also that to be in compliance they would need to inform you that your obligation is a "regulatory requirement" and voluntary under the Fifth Amendment. They would also need to explain how they determined the requirement to be triggered and that regulatory requirement relies on a "exemption amount" that is at best the most confusing formula anyone has ever read and only written through "revenue procedure". Revenue procedure is not a law written by Congress. The law must be written before it applies and for the IRS to inform OMB that the law is incomplete at the time they apply for approval would send the IRS application to the trash bin.
The IRS violates the "ex post facto" provision of the Constitution. The IRS intentionally violates the jurisprudence surrounding the Fifth Amendment because it seeks the information and then claims, if it needs to get you, it has a right to use the information you provided, to punish you (penalty protest input here), by claiming you voluntarily gave it to them. The constitutions "due process" provision of the Fifth Amendment requires the public be given notice of the "definite and knowable" law to which would apply to any conduct of any Citizen and prior to the conduct at issue being subject to that or those laws. The IRS is required to comply with the Paperwork Reduction Act of 1980 and 1995 and to this they choose not to do because of the logical reaction to what the average person would then realize when reading the Form 1040 and the notices displayed on said Form. It would change everyone's understanding of their "duty". Simply, who would "volunteer" after being threatened?
By allowing this chaos to continue America is now become what she attacked others for being. The aggressor. It has turned the Government against the people allegedly electing it. Today we have in the Department of Justice alone 400 political appointments and 150,000 currier employees who do not change with each administration and most are (licensed) attorneys. The IRS employees over 100,000 in collection activities alone (many attorneys)(licensed). All this is built around the IRS continuing. The percentage of money claimed by the Government through the IRS is astonishing. They even claim they can make any amount up and then you have to defend against their claims. This alone is tyranny. And as we recently viewed in Springer I, II and III, the Judicial branch (licensed attorneys) can see where you are heading and they simply restrict your right to complain or redress your grievance against the United States (IRS). In the Sixth Amendment a trial by jury is a namesake only. Any relevant fact to be disputed for imprisonment is found by the Judge and not the Jury. This is because in tax cases the Tax Code makes the IRS so vulnerable that if the Jury had to decide what the law said the person on trial was required to do, the Government would not ever win and the true appearance of tyranny would be evident to the Jury and anyone watching the trial.
At this point most of the First (religion, redress, free speech), all of the Second (own and possess a gun to defend yourself), most of the Fourth (seizure by default and without due process), Fifth (grand jury indictment, due process, nature and cause), Sixth (jury trial, call witnesses, speedy trial), Seventh (no jury trial against the U.S. such as IRS), Eighth (inhumane treatment like torture, cruel and unusual punishment)(does punishing someone for not doing something they were not mandated to do qualify as cruel and unusual?) Amendments, and I can go on and on and on.
We have 20 million people here illegally and routinely violate the laws of America. America is being held hostage by the law enforcement community for their refusal to enforce the law of immigration while at the same time this same community, at the appearance of any tax law violation, jumps at the chance to put any American in prison. We are told that we are at war in Iraq because of the threat to our homeland yet our homeland is wide open. We are told to obey the law yet 20 million do not and we try to find a reason to allow it because our system cannot imprison every person who continues to seek their home in America. Now, we have $ 5 a gallon of gas coming to America.
The Government argues our system is based upon inflationary adjustments but those adjustments do not appear the same when it is to the advantage of an American as opposed to when it is to the advantage of a heavily regulated industry like oil and gas. The system failed and failed along time ago and the only savior was the IRS and inflation adjustments and that has now dried up. Without change, and I mean now, back to the rule of law and the Constitution, America's way of life will cease to exist, and then all those who accepted the lulling into inaction will realize, for the first time in most cases, why our Founding Fathers were so courageous and why the Constitution was fruit from such display of courage. We only need the courage to get off the couch and read the law and apply the law to the facts. Something they would have traded for in a second (our founding fathers).
The actual war is America v. Inflation (United States) and the subject matter of the war is U.S. Currency and more importantly its value. As long as the IRS is subject to laws within this war, the IRS will never tell you what they are required to tell you because that act alone, telling you what the law requires them to tell you, will end the war. All America has to do is learn about how to force their Government to comply with the law anytime their Government seeks anything from them and America will be enroute to where she rightfully belongs.
That is, bound under the rule of laws and not bound under the rule of men (or women).
There is not a better place than to begin with the Form 1040.
I guess all can see now why God directed me to this mission under the name Bondage Breaker's Ministries.
PS. I have attached the Government's response to the "exemption amount" and "standard deduction" explanation in the 9th Circuit last week. Remember, this is one of the changes every year on the Form 1040 that never appears on any application to the Office of Management and Budget (44 U.S.C. section 3507)[remember 3506(c)(1)(B)(ii), indicates collection is "in accordance with clearance requirements of section 3507"].
Lindsey Springer
No comments:
Post a Comment