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IRS SUMMONS ANSWERS: SPOUSE SUMMONS

Summons Scheduled: ___________(date)Summoned party: _______(spouse name)Relating to: ___________(accused name)

Date: July 15, 2008

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REVISION HISTORY

The below revision history covers only the last six months of changes.

Date Version Description

7/15/08 1.00 Initial version

IRS Summons Answers: Spouse Summons 2 of 39Deposition of ____________(spouse name) on ___________(summons date)

The affirmation applying to this document and appearing in section 6 is conditioned on the ENTIRE document being admitted into evidence, along with all attachments and exhibits on both sides and the Copyright/License agreement consented to and fully complied with by all who read and use it in any ltigation. If any portion hereof is omitted, redacted, or prevented from being admitted into evidence or if the Copyright/License agreement is not complied with and consented to, then the perjury statement shall be void and the entire document shall be rendered NONfagual, NONactionable religious and political beliefs that are not admissible as evidence pursuant to F.R.E. 610.

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Table of Contents

TABLE OF CONTENTS

REVISION HISTORY.............................................................................................................................TABLE OF CONTENTS..........................................................................................................................LIST OF TABLES....................................................................................................................................1 INTRODUCTION...............................................................................................................................

1.1 Purpose of this Document.........................................................................................................................................1.2 Constructive Notice of Conditions of Meeting.........................................................................................................1.3 Proof of Jurisdiction You Are Commanded to Bring to the Summons Hearing......................................................1.4 Bad faith tactics by Deposing Party surrounding this litigation and the deposition.................................................

2 CONSTRAINTS UPON TESTIMONY IN THIS PROCEEDING..............................................2.1 Affirmations instead of oaths..................................................................................................................................2.2 Meaning of Fifth Amendment invocation in answers............................................................................................2.3 Meaning of First Amendment invocation in answers.............................................................................................2.4 Marital Discovery Privilege....................................................................................................................................2.5 Marital Property Transmutation Agreement...........................................................................................................2.6 Confidentiality agreement......................................................................................................................................

3 QUESTIONS ABOUT DEPONENT ANSWERED IN ADVANCE.............................................3.1 Oath/swearing in.....................................................................................................................................................3.2 Name.......................................................................................................................................................................3.3 Marital status..........................................................................................................................................................3.4 Home address..........................................................................................................................................................3.5 Domicile.................................................................................................................................................................3.6 Attack on Fifth Amendment Response...................................................................................................................3.7 Birth place...............................................................................................................................................................3.8 Citizenship of parents.............................................................................................................................................3.9 Deponent citizenship..............................................................................................................................................3.10 Phone number.........................................................................................................................................................3.11 Tax Status of the Deponent.....................................................................................................................................3.12 Occupation and Employer......................................................................................................................................3.13 Education................................................................................................................................................................3.14 Employment............................................................................................................................................................3.15 Real Property..........................................................................................................................................................

4 QUESTIONS ABOUT ACCUSED SPOUSE ANSWERED IN ADVANCE...............................4.1 Name.......................................................................................................................................................................4.2 Marital status..........................................................................................................................................................4.3 Home address..........................................................................................................................................................4.4 Domicile.................................................................................................................................................................4.5 Birth place...............................................................................................................................................................4.6 Citizenship of parents.............................................................................................................................................4.7 Accused citizenship................................................................................................................................................4.8 Phone number.........................................................................................................................................................4.9 Tax Status of the Accused......................................................................................................................................4.10 Occupation and Employer......................................................................................................................................4.11 Education................................................................................................................................................................4.12 Records of Accused................................................................................................................................................4.13 Financial Records of Accused................................................................................................................................4.14 Financial Transactions of the Accused...................................................................................................................4.15 Friends of the Accused...........................................................................................................................................4.16 Business Associates of Accused.............................................................................................................................4.17 Motives of Accused................................................................................................................................................4.18 Commercial relations with Accused.......................................................................................................................



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Table of Contents

5 DEPONENT EXHIBITS...................................................................................................................5.1 EXHIBIT D1: Affidavit of Citizenship, Domicile, and Tax Status......................................................................5.2 EXHIBIT D2: Tax Form Attachment....................................................................................................................5.3 EXHIBIT D3: IRS Summons Proof of No Enforcement Authority Questionnaire..............................................5.4 EXHIBIT D4: Copyright/License Agreement.......................................................................................................5.5 EXHIBIT D5: Community Property Agreement...................................................................................................

6 AFFIRMATION................................................................................................................................6.1 Verification.............................................................................................................................................................6.2 Applicable Forum...................................................................................................................................................6.3 Whole truth.............................................................................................................................................................6.4 Signature.................................................................................................................................................................

___________________________________________________________________________________________________

LIST OF TABLES

Error! No table of figures entries found.

TABLE OF AUTHORITIES

Constitutional Provisions

Declaration of Independence....................................................................................................................................................33First Amendment..................................................................................11, 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 38Fourteenth Amendment............................................................................................................................................................34Seventh Amendment................................................................................................................................................................35Thirteenth Amendment.............................................................................................................................................................31

Statutes

18 U.S.C. §6002.................................................................................................................................................................18, 3118 U.S.C. §912.........................................................................................................................................................................1626 U.S.C. §1.............................................................................................................................................................................1626 U.S.C. §162.........................................................................................................................................................................1626 U.S.C. §32...........................................................................................................................................................................1626 U.S.C. §6013(g) and (h)......................................................................................................................................................1726 U.S.C. §7521(a).....................................................................................................................................................................826 U.S.C. §7601.........................................................................................................................................................................826 U.S.C. §7701(a)(14)............................................................................................................................................................3526 U.S.C. §7701(b)(1)(A)........................................................................................................................................................1726 U.S.C. §871(b)(1)................................................................................................................................................................1628 U.S.C. §1652.......................................................................................................................................................................3528 U.S.C. §1764(1)...................................................................................................................................................................3428 U.S.C. §455(a).....................................................................................................................................................................368 U.S.C. §1101(a)(21)(B).........................................................................................................................................................178 U.S.C. §1101(a)(22)..............................................................................................................................................................198 U.S.C. §1452...................................................................................................................................................................17, 20California Family Code, Sections 851, 852, and 853...............................................................................................................14False Claims Act, 31 U.S.C. §3729..........................................................................................................................................17I.R.C.........................................................................................................................................................................................21I.R.C. Section 1........................................................................................................................................................................16I.R.C. Subtitle A...................................................................................................................................................................8, 16



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Internal Revenue Code Subtitle A............................................................................................................................................19Omnibus Taxpayer Bill of Rights Act......................................................................................................................................34Technical and Miscellaneous Revenue Act of 1988................................................................................................................34

Regulations

20 CFR §422 103(d).................................................................................................................................................................2026 CFR §1.871-1(b)(1)(ii)........................................................................................................................................................17

Rules

Fed.R.Civ.P. 8(d)......................................................................................................................................................................29Fed.R.Civ.P. Rule 17(b)...........................................................................................................................................................35Fed.R.Ev. 610...........................................................................................................................................................................34Fed.Rul.Civ.Proc. 29................................................................................................................................................................32Federal Rule of Civil Procedure 8(d).......................................................................................................................................36Federal Rule of Civil Procedure Rule 29.................................................................................................................................35Federal Rules of Criminal Procedure.......................................................................................................................................32FRCP 43(d)...............................................................................................................................................................................10FRE 603, Adv. Comm. Notes (1972).......................................................................................................................................10

Cases

Abood v. Detroit Bd. of Ed., 431 U.S. 209, 97 S. Ct. 1782, 52 L.Ed. 2d 261, 95 L.R.R.M. (BNA) 2411, 81 Lab. Cas. (CCH) ¶ 55041 (1977).....................................................................................................................................................................13

Abood v. Detroit Bd. Of Educ., 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d 261 (1977)...........................................................12Chisholm, Ex'r. v. Georgia, 2 Dall. (U.S.) 419, 1 L.ed. 454, 457, 471, 472 (1794).................................................................37Coffin v. United States, 156 U.S. 432, 453 (1895)..................................................................................................................11Cook v. Hudson, 511 F.2d 744, 9 Empl. Prac. Dec. (CCH) ¶ 10134 (5th Cir. 1975)..............................................................12Doe v. Glanzer, 232 F.3d 1258, 232 F.3d 1258 (9th Cir. 11/17/2000)....................................................................................11Downes v. Bidwell, 182 U.S. 244 (1901)................................................................................................................................30Duncan v. State of Louisiana, 88 S.Ct. 1444, 1451 (1968), 391 U.S. 145...............................................................................37Economy Plumbing & Heating v. U.S., 470 F2d 585 (1972)..................................................................................................16Erie R.R. v. Tompkins, 304 U.S. 64 (1938).............................................................................................................................35Federal Crop Insurance vs. Merrill, 33 U.S. 380 at 384 (1947).................................................................................................9Ferguson v. Commissioner of Internal Revenue (5th Cir. 1991) 921 F2d 488, 489................................................................10Heiner v. Donnan, 285 U.S. 312 (1932)...................................................................................................................................11Hooven and Allison vs. Evatt, 1940.........................................................................................................................................19LaSalle Bank Lake View v. Seguban, 54 F.3d 387, 391 (7th Cir. 1995).................................................................................11Lathrop v. Donohue, 367 U.S. 820, 81 S. Ct. 1826, 6 L. Ed. 2d 1191 (1961)......................................................................12Lefkowitz v. Turley, 414 U.S. 70, 77 (1973)...........................................................................................................................10Loan Association v. Topeka, 20 Wall. 655 (1874)..................................................................................................................16McCloud v. Testa, 97 F.3d 1536, 12 I.E.R. Cas. (BNA) 1833, 1996 FED App. 335P (6th Cir. 1996)...................................13Minnesota v. Murphy, 465 U.S. 420 (1984)............................................................................................................................11Nat'l Acceptance Co. v. Bathalter, 705 F.2d 924, 930 (7th Cir. 1983)....................................................................................11Olmstead v. United States, 277 U.S. 438, 485. (1928)............................................................................................................35Ortiz-Pinero v. Rivera-Arroyo, 84 F.3d 7 (1st Cir. 1996)........................................................................................................13Parrish v. Nikolits, 86 F.3d 1088 (11th Cir. 1996)...................................................................................................................13Peiffer v. Lebanon Sch. Dist., 848 F.2d 44, 46 (3d Cir. 1988)................................................................................................11Railway Emp. Dept. v. Hanson, 351 U.S. 225, 76 S. Ct. 714, 100 L.Ed. 1112 (1956)...........................................................12Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S. Ct. 2729, 111 L. Ed. 2d 52, 5 I.E.R. Cas. (BNA) 673 (1990). .12Sinking Fund Cases, 99 U.S. 700 (1878).................................................................................................................................37



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U.S. v. Butler, 297 U.S. 1 (1936).............................................................................................................................................17U.S. v. William M. Butler, 297 U.S. 1 (1936).........................................................................................................................30United States .v Looper (4th Cir. 1969) 419 F2d 1405, 1407..................................................................................................10United States v. Cruikshank, 92 U.S. 542 (1875)....................................................................................................................30United States v. Powell, 379 U.S. 48 (1964)..............................................................................................................................8United States v. Ward (9th Cir. 1992) 989 F2d 1015, 1019.....................................................................................................10United States v. Will, 449 U.S. 200, 101 S. Ct. 471, 66 L. Ed. 2d 392 (1980)........................................................................36United States v. Zuger, 602 F.Supp. 889 (D.Conn. 06/18/1984).............................................................................................36Vickery v. Jones, 100 F.3d 1334 (7th Cir. 1996), cert. denied, 117 S. Ct. 1553, 137 L.Ed. 2d 701 (U.S. 1997)....................13Wooley v. Maynard, 430 U.S. 705, 97 S.Ct. 1428, 52 L.Ed.2d 752 (1977)............................................................................12

Other Authorities

106 A.L.R. Fed. 396.................................................................................................................................................................13107 A.L.R. Fed. 21...................................................................................................................................................................12108 A.L.R. Fed. 117.................................................................................................................................................................12109 A.L.R. Fed. 9.....................................................................................................................................................................1297 L.Ed. 2d 903........................................................................................................................................................................12American Jurisprudence 2d, Constitutional law, §546: Forced and Prohibited Associations.................................................13Bouvier’s Maxims of Law, 1856..............................................................................................................................................30Community Property Agreement.............................................................................................................................................33Conduct and Belief: Public Employees' First Amendment Rights to Free Expression and Political Affiliation. 59 U Chi LR

897, Spring, 1992.................................................................................................................................................................13Copyright/License Agreement.................................................................................................................................................31Corrected Information Return Attachment Letter, Form #04.020...........................................................................................17Exhibit D4................................................................................................................................................................................38Exhibit D5................................................................................................................................................................................16First Amendment Law in a Nutshell, Second Edition, Jerome A. Barron, West Group, pp. 266-267...................................12Government Instituted Slavery Using Franchises, Form #05.030...........................................................................................31Internal Revenue Manual section 4.10.3.2.6..............................................................................................................................8IRM 4.10.7.2.8.........................................................................................................................................................................34IRM Section 1.1.1.1.................................................................................................................................................................33IRS Form 12153.........................................................................................................................................................................9IRS LTR 531DO........................................................................................................................................................................9Marital Discovery Privilege, Form #03.019.........................................................................................................................8, 14Memorandum of Law on the Forms/Pubs Page, Section 1.5...................................................................................................32Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017................................................28Public Employees and the First Amendment Petition Clause: Protecting the Rights of Citizen-Employees Who File

Legitimate Grievances and Lawsuits Against Their Government Employers. 90 NW U LR 304, Fall, 1995...................13Reasonable Belief About Income Tax Liability, Form #05.007..............................................................................................28Requirement for Equal Protection and Equal Treatment, Form #05.033.................................................................................31Rutter Group, Federal Civil Trials and Evidence, 2005, pp. 8C-1 to 8C-2..............................................................................10Tax Procedure and Tax Fraud, Patricia Morgan, 1999, ISBN 0-314-06586-5, West Group...................................................34The “Trade or Business” Scam, Form #05.001..................................................................................................8, 16, 25, 26, 31Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers 15:283......................................................................................35What Does the Bible Say About Hate?....................................................................................................................................14When Freedoms Conflict: Party Discipline and the First Amendment. 11 JL &Pol 751, Fall, 1995......................................13

Scriptures

1 Cor. 6:1-10.............................................................................................................................................................................36Matt. 5:33-37......................................................................................................................................................................10, 15Numbers 15:30 (NKJV)...........................................................................................................................................................28



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Prov. 28:9.................................................................................................................................................................................35Prov. 29:4.................................................................................................................................................................................37



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Chapter 1: Introduction

1 INTRODUCTION

1.1 Purpose of this Document

The U.S. Supreme Court established in United States v. Powell, 379 U.S. 48 (1964) the four criteria for conducting a legitimate IRS Summons:

1. The examination that the summons relates to is being conducted for a legitimate purpose.2. The summons seeks information that may be relevant to that purpose.3. The IRS is not already in possession of the information; and4. The administrative steps spelled out in the Code have been followed.

This document shall establish facts likely to be addressed at the hearing in advance and in writing. It will be provided both at the summons hearing and in advance via mail. Consequently, it will already be in possession of the government at the time of the hearing and therefore may not be inquired about at the hearing.

1.2 Constructive Notice of Conditions of Meeting

This document shall also serve as constructive notice of the following in relation to the scheduled summons hearing:

1. One or more assistance of counsel will also be present with me at the hearing.2. I am not authorized to negotiate or discuss the personal tax liabilities of the third party who is the subject of this

inquiry. You implicitly agree not to raise such issues at the meeting.3. Both I and my assistance of counsel will arrive at the federal building without ID. I will call your number or another

number you designate in order to be escorted into the building. If you don’t let either I or they into the building, then I cannot participate physically and will answer all of your questions in writing only.

4. The meeting will be tape recorded pursuant to 26 U.S.C. §7521(a) and Internal Revenue Manual section 4.10.3.2.6 .5. As a person lawfully married under the common law to the accused, I will assert the spousal discovery privilege in

response to all of the questions tendered about the accused. This is my right, and I will not waive that right at any time. See:

Marital Discovery Privilege, Form #03.019 http://sedm.org/Forms/FormIndex.htm

6. Consistent with the summons, my only purpose for appearing is to present all books and records in my care, custody, and control relating to the accused. I will not be giving any testimony relating to the accused because of the marital discovery privilege.

1.3 Proof of Jurisdiction You Are Commanded to Bring to the Summons Hearing

Things you must bring to the meeting as proof of your authority include the following:

1. Certified photocopy of your delegation of authority order.2. Certified photocopy of your state driver’s license.3. Certified photocopy of your USA passport.4. Certified photocopy of your IRS ID.5. Certified photocopy of the Treasury Order creating an internal revenue district at my place of abode and outside of

federal territory. 26 U.S.C. §7601 authorizes you to canvass only “internal revenue districts”. The only remaining internal revenue district is in the District of Columbia.

6. Proof that the accused is a “taxpayer” who is consensually engaged in the “trade or business”/”public office” franchise codified in I.R.C. Subtitle A for the period in question. See:

The “Trade or Business” Scam, Form #05.001http://sedm.org/Forms/FormIndex.htm



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http://www.irs.gov/irm/part4/ch10s04.html#d0e134630

http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007521----000-.html

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=379&page=48

Chapter 1: Introduction

The above are a fulfillment of the following:

"Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority."[Federal Crop Insurance vs. Merrill, 33 U.S. 380 at 384 (1947)]

1.4 Bad faith tactics by Deposing Party surrounding this litigation and the deposition

The following behaviors have been evidenced in these proceedings by the deposing party, the Internal Revenue Service in relation to the accused and the summoned party:

1. Accused has repeatedly demanded a Collection Due Process Hearing prior to instituting enforcement action and has done so twice:1.1. Correspondence sent to _________ on 6/10/2008. Address: 880 Front Street, Suite 3295;San Diego, CA 92101-

8207. Enclosure (4) contained IRS Form 12153 timely filed (within 30 days) requesting a collection due process hearing prior to levy or lien.

1.2. Correspondence sent to IRS Philadelphia service center on 6/10/2008. Address: P.O. Box 16236; Philadelphia, PA 19114-0236. Enclosure (4) contained IRS Form 12153 timely filed (within 30 days) requesting a collection due process hearing prior to levy or lien.

1.3. Response to IRS LTR 531DO sent to the following address on Nov. 24, 2007:1.3.1. Internal Revenue Service; Attn; Assessment Officer for Encl. (1) and ___________.1.3.2. IRS Commissioner; 1111 Constitution Ave NW; Washington, DC 20224.Enclosure (4) of the above correspondence contained IRS Form 12153.

2. IRS refuses to grant the due process hearing requested by the accused.



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Chapter 2: Constrains Upon Testimony In This Proceeding

2 CONSTRAINTS UPON TESTIMONY IN THIS PROCEEDING

This section details legal constraints upon this inquiry imposed by the lawful common law marriage relationship between the deponent and the person about whom information is sought.

1. The marriage occurred outside of California and outside the “State of California”.2. The marriage satisfies all the criteria for a lawful common law marriage.3. An agreement between the parties exists which is confidential.

2.1 Affirmations instead of oaths

The Holy Bible forbids the taking of oaths in Matt. 5:33-37:

"Again you have heart that it was said to those of old, 'You shall not swear falsely, but shall perform your oaths to the Lord.'

"But I say to you, do not swear at all: neither by heaven, for it is God's throne; 35 nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of the great King.

"Nor shall you swear by your head, because you cannot make one hair white or black.

"But let your 'Yes' be 'Yes,' and your 'No,' 'No.' For whatever is more than these is from the evil one. [Matt. 5:33-37, Bible, NKJV]

Recognizing the above, federal courts have ruled that an affirmation may be substituted for an oath:

[8:222] Affirmation: A witness may testify by affirmation rather than under oath. An affirmation ‘is simply a solemn undertaking to tell the truth .’ [See FRE 603, Adv. Comm. Notes (1972); FRCP 43(d); and Ferguson v. Commissioner of Internal Revenue (5th Cir. 1991) 921 F2d 488, 489—affirmation is any form or statement acknowledging ‘the necessity for telling the truth’

[. . .]

[8:224] ‘Magic words’ not required: A person who objects to taking an ‘oath’ may pledge to tell the truth by any ‘form or statement which impresses upon the mind and conscience of a witness the necessity for telling the truth.’ [See FRE 603, Adv. Comm. Notes (1972)—‘no special verbal formula is required”; United States .v Looper (4th Cir. 1969) 419 F2d 1405, 1407; United States v. Ward (9th Cir. 1992) 989 F2d 1015, 1019][Rutter Group, Federal Civil Trials and Evidence, 2005, pp. 8C-1 to 8C-2]

The affirmation applicable to the entirety of this proceeding, including this document and all testimony given at the summons hearing, is described in Section Error: Reference source not found later.

2.2 Meaning of Fifth Amendment invocation in answers

“Fifth Amendment” in response to any answer provided herein or at the summons hearing means that the Deponent is asserting his Fifth Amendment right of not being compelled to incriminate him/her self. This right applies to both civil and criminal proceedings, according to the U.S. Supreme Court below:

The Fifth Amendment, in relevant part, provides that no person "shall be compelled in any criminal case to be a witness against himself." It has long been held that this prohibition not only permits a person to refuse to testify against himself at a criminal trial in which he is a defendant, but also "privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings." Lefkowitz v. Turley, 414 U.S. 70, 77 (1973). In all such proceedings,

"a witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant. . . . Absent such protection, if he is



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nevertheless compelled to answer, his answers are inadmissible against him in a later criminal prosecution." Id., at 78 (citations omitted).

[Minnesota v. Murphy, 465 U.S. 420 (1984)]

When a person asserts the Fifth amendment right, not “privilege”, according to our system of jurisprudence, he must be presumed innocent until proven guilty WITH EVIDENCE, and NOT PRESUMPTION.

The presumption of innocence, although not articulated in the Constitution, is a basic component of a fair trial under our system of criminal justice. Long ago this Court stated:

The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.[Coffin v. United States, 156 U.S. 432, 453 (1895)]___________________________________________________________________________________

(1) [8:4993] Conclusive presumptions affecting protected interests: A conclusive presumption may be defeated where its application would impair a party's constitutionally-protected liberty or property interests. In such cases, conclusive presumptions have been held to violate a party's due process and equal protection rights. [Vlandis v. Kline (1973) 412 U.S. 441, 449, 93 S.Ct 2230, 2235; Cleveland Bed. of Ed. v. LaFleur (1974) 414 US 632, 639-640, 94 S.Ct. 1208, 1215-presumption under Illinois law that unmarried fathers are unfit violates process][ Rutter Group Practice Guide-Federal Civil Trials and Evidence, paragraph 8:4993, page 8K-34: ] ___________________________________________________________________________________

"The power to create presumptions [of guilt] is not a means of escape from constitutional restrictions." [Heiner v. Donnan, 285 U.S. 312 (1932)]___________________________________________________________________________________

"[3] The Baxter holding is not a blanket rule that allows adverse inferences to be drawn from invocations of the privilege against self-incrimination under all circumstances in the civil context. Rather, lower courts interpreting Baxter have been uniform in suggesting that the key to the Baxter holding is that such adverse inference can only be drawn when independent evidence exists of the fact to which the party refuses to answer. See, e.g., LaSalle Bank Lake View v. Seguban, 54 F.3d 387, 391 (7th Cir. 1995); Peiffer v. Lebanon Sch. Dist., 848 F.2d 44, 46 (3d Cir. 1988).

Thus, an adverse inference can be drawn when silence is countered by independent evidence of the fact being questioned, but that same inference cannot be drawn when, for example, silence is the answer to an allegation contained in a complaint. See Nat'l Acceptance Co. v. Bathalter, 705 F.2d 924, 930 (7th Cir. 1983). In such instances, when there is no corroborating evidence to support the fact under inquiry, the proponent of the fact must come forward with evidence to support the allegation, otherwise no negative inference will be permitted. See LaSalle Bank, 54 F.3d at 391." [Doe v. Glanzer, 232 F.3d 1258, 232 F.3d 1258 (9th Cir. 11/17/2000)]

Lastly, the deponent is obligated under the terms of the private agreement between him/her self and the Accused, to provide a Fifth Amendment answer to all questions relating to Accused that might be unfavorable to Accused and not him.

2.3 Meaning of First Amendment invocation in answers

“First Amendment” in response to any answer provided herein or at the summons hearing means that the Deponent is asserting his/her First Amendment right of freedom from compelled association and freedom of speech. The First Amendment guarantees us a right of free speech, and inherent in that right is:

1. The right to define what modes we choose to speak. For instance, we can choose the language and the form, such as whether we choose to speak orally or in writing. This document is an exercise of that right to only speak in writing.

2. The sole right to classify the character of the things we speak. We can define our speech as “religious and political and not actionable” and no one can lawfully change it’s character to make it actionable without violating our First Amendment Rights.

3. The right to define the precise meaning of every word we speak and every word we hear, in every context. 4. The freedom NOT to speak whenever we choose. This is aptly explained by the following authorities below:



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COMPELLED ASSOCIATION

Just as there is freedom to speak, to associate and to believe, so also there is freedom not to speak, associate or believe. “The right to speak and the right to refrain from speaking are complementary components of the broader concept of ‘individual freedom of mind.’” Wooley v. Maynard [430 U.S. 705, 97 S.Ct. 1428, 52 L.Ed.2d 752] (1977). Freedom of conscience dictates that no individual be forced to espouse ideological causes with which he disagrees: “[A]t the heart of the First Amendment is the notion that the individual should be free to believe as he will, and that in a free society one’s beliefs should be shaped by his mind and by his conscience rather than coerced by the State.” Abood v. Detroit Bd. Of Educ. [431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d 261] (1977)

Freedom from compelled association is a vital component of freedom of expression. Indeed, freedom from compelled association illustrates the significance of the liberty or personal autonomy model of the First Amendment. As a general constitutional principle, it is for the individual and not for the state to choose one’s associations and to define the persona which she holds out to the world.”[First Amendment Law in a Nutshell, Second Edition, Jerome A. Barron, West Group, pp. 266-267]

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“The right to associate or not to associate with others solely on the basis of individual choice, not being absolute, 1 may conflict with a societal interest in requiring one to associate with others, or to prohibit one from associating with others, in order to accomplish what the state deems to be the common good. The Supreme Court, though rarely called upon to examine this aspect of the right to freedom of association, has nevertheless established certain basic rules which will cover many situations involving forced or prohibited associations. Thus, where a sufficiently compelling state interest, outside the political spectrum, can be accomplished only by requiring individuals to associate together for the common good, then such forced association is constitutional. 2 But the Supreme Court has made it clear that compelling an individual to become a member of an organization with political aspects, or compelling an individual to become a member of an organization which financially supports, in more than an insignificant way, political personages or goals which the individual does not wish to support, is an infringement of the individual's constitutional right to freedom of association. 3 The First Amendment prevents the government, except in the most compelling circumstances, from wielding its power to interfere with its employees' freedom to believe and associate, or to not believe and not associate; it is not merely a tenure provision that protects public employees from actual or constructive discharge. 4 Thus, First Amendment principles prohibit a state from compelling any

1 § 539.2 Lathrop v. Donohue, 367 U.S. 820, 81 S. Ct. 1826, 6 L. Ed. 2d 1191 (1961), reh'g denied, 368 U.S. 871, 82 S. Ct. 23, 7 L. Ed. 2d 72 (1961) (a state supreme court may order integration of the state bar); Railway Emp. Dept. v. Hanson, 351 U.S. 225, 76 S. Ct. 714, 100 L.Ed. 1112 (1956), motion denied, 351 U.S. 979, 76 S. Ct. 1044, 100 L. Ed. 1494 (1956) and reh'g denied, 352 U.S. 859, 77 S. Ct. 22, 1 L. Ed. 2d 69 (1956) (upholding the validity of the union shop provision of the Railway Labor Act).

The First Amendment right to freedom of association of teachers was not violated by enforcement of a rule that white teachers whose children did not attend public schools would not be rehired. Cook v. Hudson, 511 F.2d 744, 9 Empl. Prac. Dec. (CCH) ¶ 10134 (5th Cir. 1975), reh'g denied, 515 F.2d 762 (5th Cir. 1975) and cert. granted, 424 U.S. 941, 96 S. Ct. 1408, 47 L. Ed. 2d 347 (1976) and cert. dismissed, 429 U.S. 165, 97 S. Ct. 543, 50 L. Ed. 2d 373, 12 Empl. Prac. Dec. (CCH) ¶ 11246 (1976).

Annotation: Supreme Court's views regarding Federal Constitution's First Amendment right of association as applied to elections and other political activities, 116 L. Ed. 2d 997 , § 10.3 Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S. Ct. 2729, 111 L. Ed. 2d 52, 5 I.E.R. Cas. (BNA) 673 (1990), reh'g denied, 497 U.S. 1050, 111 S. Ct. 13, 111 L. Ed. 2d 828 (1990) and reh'g denied, 497 U.S. 1050, 111 S. Ct. 13, 111 L. Ed. 2d 828 (1990) (conditioning public employment hiring decisions on political belief and association violates the First Amendment rights of applicants in the absence of some vital governmental interest).4 Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S. Ct. 2729, 111 L. Ed. 2d 52, 5 I.E.R. Cas. (BNA) 673 (1990), reh'g denied, 497 U.S. 1050, 111 S. Ct. 13, 111 L. Ed. 2d 828 (1990) and reh'g denied, 497 U.S. 1050, 111 S. Ct. 13, 111 L. Ed. 2d 828 (1990).

Annotation: Public employee's right of free speech under Federal Constitution's First Amendment–Supreme Court cases, 97 L.Ed. 2d 903.

First Amendment protection for law enforcement employees subjected to discharge, transfer, or discipline because of speech, 109 A.L.R. Fed. 9.

First Amendment protection for judges or government attorneys subjected to discharge, transfer, or discipline because of speech, 108 A.L.R. Fed. 117.

First Amendment protection for public hospital or health employees subjected to discharge, transfer, or discipline because of speech, 107 A.L.R. Fed. 21.

First Amendment protection for publicly employed firefighters subjected to discharge, transfer, or discipline because of speech, 106 A.L.R. Fed. 396.



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individual to associate with a political party, as a condition of retaining public employment. 5 The First Amendment protects nonpolicymaking public employees from discrimination based on their political beliefs or affiliation. 6 But the First Amendment protects the right of political party members to advocate that a specific person be elected or appointed to a particular office and that a specific person be hired to perform a governmental function. 7 In the First Amendment context, the political patronage exception to the First Amendment protection for public employees is to be construed broadly, so as presumptively to encompass positions placed by legislature outside of "merit" civil service. Positions specifically named in relevant federal, state, county, or municipal laws to which discretionary authority with respect to enforcement of that law or carrying out of some other policy of political concern is granted, such as a secretary of state given statutory authority over various state corporation law practices, fall within the political patronage exception to First Amendment protection of public employees. 8 However, a supposed interest in ensuring effective government and efficient government employees, political affiliation or loyalty, or high salaries paid to the employees in question should not be counted as indicative of positions that require a particular party affiliation. 9”[American Jurisprudence 2d, Constitutional law, §546: Forced and Prohibited Associations]

To me, the above means that:4.1. You have a right to not speak at a legal proceeding, without claiming Fifth Amendment and simply by stating

“First Amendment”.4.2. Government is a political organization as described above.4.3. No one in government can compel you to associate with them, be a “domiciliary” or a “citizen” of them.4.4. No one can compel you to be “taxpayer” or to subsidize the activities of a state that you refuse to do business with

or accept services from.5. The right to not be compelled to associate with the government, by having incorrect and fraudulent Information

Returns, such as the W-2, 1098, and 1099 filed against those not engaged in a “trade or business”. This constitutes the equivalent of “compelled association” in violation of the First Amendment for those who are not in deed and in fact “public officials” engaged in a trade or business”. See:5.1. The Trade or Business Scam

http://famguardian.org/Subjects/Taxes/Articles/TradeOrBusinessScam.htmAlso available as part of Exhibit D6.

5.2. 26 U.S.C. §6041, which says that information returns may only be prepared against those engaged in a “trade or business”.

6. The right to not associate with, aid, abet, or assist any foreign sovereign, including the foreign state and corporation called the “United States” government, in any clearly illegal, unethical, or immoral proceeding designed to interfere with the free religious exercise and freedom of association of any individual or group. The only exception to this rule is to prevent illegal activity, and no illegal activity and no probable cause have been demonstrated or even alleged by the Deposing party. Therefore, the Alleged Defendant asserts his religious right to “hate evil”, and to not associate with what he views as an illegal, unethical the foreign state. For further details on the sincerely held religious belief that the Alleged Defendant holds which requires him to not associate with, condone, aid, or abet evil and unlawful

5 Abood v. Detroit Bd. of Ed., 431 U.S. 209, 97 S. Ct. 1782, 52 L.Ed. 2d 261, 95 L.R.R.M. (BNA) 2411, 81 Lab. Cas. (CCH) ¶ 55041 (1977), reh'g denied, 433 U.S. 915, 97 S. Ct. 2989, 53 L. Ed. 2d 1102 (1977); Parrish v. Nikolits, 86 F.3d 1088 (11th Cir. 1996), cert. denied, 117 S. Ct. 1818, 137 L. Ed. 2d 1027 (U.S. 1997).6 LaRou v. Ridlon, 98 F.3d 659 (1st Cir. 1996); Parrish v. Nikolits, 86 F.3d 1088 (11th Cir. 1996), cert. denied, 117 S. Ct. 1818, 137 L. Ed. 2d 1027 (U.S. 1997).7 Vickery v. Jones, 100 F.3d 1334 (7th Cir. 1996), cert. denied, 117 S. Ct. 1553, 137 L.Ed. 2d 701 (U.S. 1997).

Responsibilities of the position of director of a municipality's office of federal programs resembled those of a policymaker, privy to confidential information, a communicator, or some other office holder whose function was such that party affiliation was an equally important requirement for continued tenure. Ortiz-Pinero v. Rivera-Arroyo, 84 F.3d 7 (1st Cir. 1996).8 McCloud v. Testa, 97 F.3d 1536, 12 I.E.R. Cas. (BNA) 1833, 1996 FED App. 335P (6th Cir. 1996), reh'g and suggestion for reh'g en banc denied, (Feb. 13, 1997).

Law Reviews: Stokes, When Freedoms Conflict: Party Discipline and the First Amendment. 11 JL &Pol 751, Fall, 1995.

Pave, Public Employees and the First Amendment Petition Clause: Protecting the Rights of Citizen-Employees Who File Legitimate Grievances and Lawsuits Against Their Government Employers. 90 NW U LR 304, Fall, 1995.

Singer, Conduct and Belief: Public Employees' First Amendment Rights to Free Expression and Political Affiliation. 59 U Chi LR 897, Spring, 1992.

As to political patronage jobs, see § 472.9 Parrish v. Nikolits, 86 F.3d 1088 (11th Cir. 1996), cert. denied, 117 S. Ct. 1818, 137 L. Ed. 2d 1027 (U.S. 1997).



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behavior continually demonstrated by the Deposing party so far, please see:

What Does the Bible Say About Hate? http://famguardian.org/Subjects/Spirituality/Articles/HATEPub-040513.pdf

2.4 Marital Discovery Privilege

As husband and wife, parties to the marriage are prohibited from being compelled to testify or provide information against the other spouse. See:

Marital Discovery Privilege, Form #03.019http://sedm.org/Forms/FormIndex.htm

2.5 Marital Property Transmutation Agreement

Under the terms of the confidential agreement between the parties, all property acquired by either party is considered sole and separate property except that which is expressly made community property in writing and held in joint tenancy or tenancy in common. Transmutation of property between community and separate property is governed by and protected by California Family Code, Sections 851, 852, and 853.

2.6 Confidentiality agreement

Deponent and the Accused are bound by a confidential contract which prohibits any and all disclosures of information or testimony by one spouse against or about the other. The content of that agreement between spouses is confidential and is also not subject to disclosure. Severe monetary penalties occur to those who either violate this agreement or compel either party to violate this agreement.



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Chapter 3: Questions About Deponent Answered in Advance

3 QUESTIONS ABOUT DEPONENT ANSWERED IN ADVANCE

This chapter contains answers about the Deponent answered in advance.

This sequence of questions and answers contains answers to questions anticipated at the IRS summons hearing of the Deponent that are directed at the Deponent. Throughout the following dialog, the answers will also be classified into one of following categories.

1. “FACT”: Factual Response. Capable of being true or false and also actionable, if it relates to actionable subject matter that is not a religious speech, political speech, or opinion, does not contain a disclaimer, and is specifically guaranteed to be accurate.

2. “RELIGIOUS”: Response is a religious belief, and incapable of being true or false or actionable.3. “POLITICAL”: Response is a political belief, and incapable of being true or false or actionable.4. “OPINION”: A personal opinion, and therefore incapable of being true or false or actionable.

The beginning of each answer may contain a word in brackets, such as “[RELIGIOUS]” indicating that the response is a religious belief and not a fact.

Some questions may use the phrase “First Amendment” in the answer.

3.1 Oath/swearing in

Q. Please raise your right hand so we can swear you in.

A. The Bible forbids me to take oaths in Matt. 5:33-37. I'm allowed to take an affirmation. This document explains in section 2.1 why that is. There are no constraints upon that affirmation. There are no magic words. The affirmation applicable to the entirety of all our interactions together, to this summons, and to the IRS Summons Answers document is that contained in section Error: Reference source not found of the IRS Summons Answers document.

Q. All right. Are you taking the affirmation to tell the truth here today?

A. Consistent with what's in that handout I gave you, absolutely, yeah.

Q. Are you going to lie to me today?

A. Well, I don't see how either telling the truth or lying is even relevant to a political or religious statement.

Q. Are you going to lie to me today? Relevance notwithstanding, are you going to tell me lies?

A. It is impossible to lie if one is making a political or religious statement. All such statements are not even admissible as evidence pursuant to F.R.E. 610. If I am making a factual statement, I won’t lie, but not everything I say today will be a factual statement.

Q. Okay.

3.2 Name

Q. Please state your name for the record.

A. Fifth Amendment. First Amendment



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3.3 Marital status

Q. Are you currently married?

A. Yes.

Q. To whom?

A. The human being and not “public officer” or “taxpayer” you are investigating.

Q. How long have you been married?

A. Spousal privilege invoked. Fifth Amendment. First Amendment.

Q. What sort of property arrangements apply to the marriage?

A. See Exhibit D5. This agreement keeps everything between the parties as separate property except that which is expressly titled in the name of both parties. This is done for the protection of both spouses.

Q. You have been filing as a single person when you may have been married. Why didn’t you file married?

A. As far as I understand it, both spouses must lawfully be “taxpayers” in order to file “married” under 26 U.S.C. §1 . The tax imposed in 26 U.S.C. §1 is the “trade or business” excise taxable franchise, as confirmed by 26 U.S.C. §871(b)(1). I.R.C. Section 1 very deceptively doesn’t identify itself as an excise tax upon the “trade or business”/”public office” franchise but this in fact is what it is. See:


The I.R.C. Subtitle A only pertains to “taxpayers” by the admission of the federal courts. I call those who are not “taxpayers” or “persons” under the I.R.C. Subtitle A “trade or business” franchise agreement “nontaxpayers” throughout this document.

“Revenue Laws relate to taxpayers [officers, employees, and elected officials of the Federal Government] and not to non-taxpayers [American Citizens/American Nationals not subject to the exclusive jurisdiction of the Federal Government]. The latter are without their scope. No procedures are prescribed for non-taxpayers and no attempt is made to annul any of their Rights or Remedies in due course of law. With them[non-taxpayers] Congress does not assume to deal and they are neither of the subject nor of the object of federal revenue laws.” [Economy Plumbing & Heating v. U.S., 470 F2d 585 (1972) SOURCE: http://famguardian.org/TaxFreedom/Authorities/Circuit/EconomyPlumbHtgVUnitedStates-470F2d585(1972).pdf]

Consequently, it would be fraud to list a “nontaxpayer” on a tax return, because he is not party to the franchise agreement and cannot lawfully partake of the benefits associated with the franchise, such as “trade or business” deductions under 26 U.S.C. §162, Earned income credits under 26 U.S.C. §32, or a graduated (reduced) rate of tax under 26 U.S.C. §1.

My spouse also does not lawfully possess or use a government issued identifying number, and so he doesn’t exist as far as the franchise agreement goes because there is no “res” to attach his participation to. It would also constitute impersonating a officer or employee of the government in violation of 18 U.S.C. §912 if he were to portray himself as a “taxpayer” on any government form or partake of any government “benefit”. Such “benefits” may only lawfully be paid to officers of the government:

"To lay with one hand the power of government on the property of the citizen, and with the other to bestow it on favored individuals.. is none the less robbery because it is done under the forms of law and is called taxation. This is not legislation. It is a decree under legislative forms."[Loan Association v. Topeka, 20 Wall. 655 (1874):]



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"A tax, in the general understanding of the term and as used in the constitution, signifies an exaction for the support of the government. The word has never thought to connote the expropriation of money from one group for the benefit of another." [U.S. v. Butler, 297 U.S. 1 (1936)]

I believe it might constitute a fraud upon the United States cognizable under the False Claims Act, 31 U.S.C. §3729, if a “nontaxpayer” or a person who was not in fact and in deed a “taxpayer” and a “public officer” within the government were to attempt to partake of any federal franchise who does not lawfully occupy said office. I also believe that the IRS’ refusal to prosecute the vast majority of people who submit information returns against people who do not lawfully occupy public offices within the government makes them an accessory to massive fraud upon the American public. See and rebut:

Corrected Information Return Attachment Letter, Form #04.020http://sedm.org/Forms/FormIndex.htm

Q. Couldn’t you claim your spouse as a dependent since you provide support to him/her?

A. My spouse reports that he/she is a nonresident alien nontaxpayer not lawfully engaged in the “trade or business”/”public office” excise taxable franchise and as described in 26 CFR §1.871-1(b)(1)(ii) and who has no government identifying number. I can only lawfully claim him/her as a dependent or take deductions if he/she makes a voluntary “election” to be treated as a “resident alien” pursuant to 26 U.S.C. §6013(g) and (h) . He can only make the election if he is in fact an “alien” and he/she has reported to me that he/she isn’t an “alien” because he/she was born in this country. He says he is a “non-citizen national” pursuant to 8 U.S.C. §1101(a)(21) and 8 U.S.C. §1452 but not a “U.S. national” pursuant to 8 U.S.C. §1408 or 8 U.S.C. §1101(a)(21)(B). Therefore, such an election is unlawful because he would be misidentifying himself as an alien by making himself a “resident alien” pursuant to 26 U.S.C. §7701(b)(1)(A). Therefore, my spouse can’t lawfully become a “taxpayer” or a “person” mentioned on any IRS tax form and I’m not about to commit perjury on a form to keep people like you happy, nor is our relationship any of your business beyond the way it is described herein.

3.4 Home address

Q. Could you tell me your home address?

A. Fifth Amendment. First Amendment.

Q. What's your current address?

A. Where I maintain a domicile is in God’s Kingdom on Earth. I don't have an “address”.

Q. Have you ever lived at ________________________(address)?


Q. All right. Do you live in ___________(city)?

A. Please define "live." Is that -- does that mean "domicile"?

Q. It means where you spend most of your time.

A. In my body. Asked and answered.

Q. Where does your body spend most of its time?



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A. My business.

3.5 Domicile

Q. Where do you live?


Q. Do you now live or have you ever lived in Canada?


Q. Do you live at ________________________ (address)?

A. No

Q. Did you move since we delivered the summons in ____________(date)?


Q. Have you ever lived in Edmonton, Alberta?

A. I don't have a domicile within any man-made government on earth. The only reason you might think otherwise is because I am under duress to lie on your forms in order to effectively bribe you to leave me alone.

Q. Are you familiar with the address <<ADDRESS>>?


3.6 Attack on Fifth Amendment Response

Q. Do you know what the Fifth Amendment is?

A. I wouldn't be here if I didn't.

Q. You think your statement somehow incriminates you?

A. I don’t have a clue how you intend to use this information. You have not indicated and refuse to indicate in advance whether this is a civil or a criminal inquiry. Even if this were a civil inquiry, you could still use this in a subsequent criminal proceeding. Therefore, I have no choice but to assume the worst about what you can or will do with the information I give you and to invoke the Fifth Amendment where appropriate and to invoke the First Amendment in the event you grant witness immunity. Are you willing to grant witness immunity in this case pursuant to 18 U.S.C. §6002?

3.7 Birth place

Q. Where were you born?


3.8 Citizenship of parents

Q. Were your parents American citizens?



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A. Please define that from the standpoint of Title 8 of the U.S. Code.

Q. You don't know what that means?

A. I know what I think it means, but what I think means nothing because it doesn’t expose the presumption which you hid in your question. I'm not allowed to presume anything.

Q. Did your parents live in the United States at the time you were born?

A. Please define "United States" from the statutes at large or using a positive law.

Q. It's the country we're in presently.

A. That doesn't mean anything to me.

Q. Are you refusing to answer?

A. No, I'm asking for an elaboration. I'm saying there are three United States, according to the Supreme Court in Hooven and Allison vs. Evatt [ph], 1940. There are three United States and I'm simply making sure that I am not answering a presumptuous question. I'm asking you to define which of those three you mean. And I will even lay them out for you:

1. One of them is the country, consisting of federal territories and possessions and the states of the Union. I call this the “United States”.

2. The other one is the federal United States, consisting of the territories and possessions of and the District Columbia. I call this the federal zone. This is the “United States” that is referenced in the Internal Revenue Code Subtitle A.

3. The third one is the States of the Union and excluding federal territory and possessions. I call this the “United States of America”.

Q. All right.

A. Now, if you want to ask me if my parents were born in the “United States of America”, which is the last definition above, I'll say, yes, meaning the States of the Union and excluding federal territories or what is commonly called the federal zone.

3.9 Deponent citizenship

Q. That seems like that would make you an American citizen.

A. Well, please define that term. There are three different kinds of American citizens:

1. There's an 8 U.S.C. 1401 U.S. citizen.

2. There's an 8 U.S.C. 1101(a)(21) “national”

3. There's an 8 U.S.C. §1101(a)(22) national of the United States.

Which of those three do you mean?

Q. Well, are you any of those three?



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A. I'm one of those three, yes.

Q. Which one of those three?

A. The second kind, 8 U.S.C. §1101(a)(21) “national” and “non-citizen national” pursuant to 8 U.S.C. §1452.

3.10 Phone number

Q. What is your phone number?


3.11 Tax Status of the Deponent

Q. Do you file income tax returns?


Q. Do you owe money to the IRS?


Q. Are you aware that you have a duty to file returns and pay income tax?


Q. Do you have a Social Security Number?

A. No. 20 CFR §422 103(d) says the number belongs to the Social Security Administration and not me. It is illegal for a private person such as me to have or use public property such as a Social Security Number.

Q. What is YOUR Social Security Number?

A. I don’t have one because I am not appearing here today as a public officer within the government who can lawfully possess or use public property such as Social Security Numbers. De facto license numbers such as Social Security Numbers are only for use by those lawfully engaged in public offices within the government and those pursuing government “benefits”. I am not in pursuit of a “benefit” at this time and therefore do not have or use a number as a private rather than public person.

Q. Why don’t you file married instead of single and list the Accused on your tax return?

A. Because:

1. We do not share any community property. Everything is separate and therefore we file separate under the terms of the private agreement between us.

2. Filing status is only relevant to those taking “trade or business” deductions pursuant to 26 U.S.C. §162. The Accused has indicated that he is not lawfully engaged in a “trade or business” and therefore cannot avail himself of any “trade or business” deductions.

3. We want to protect each other’s privacy and anonymity.

4. We have a right to keep our relation confidential and to only reveal it when and how we choose. This right is inherent in the Fourth Amendment right of privacy and the First Amendment right of freedom from compelled



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association.

3.12 Occupation and Employer

Q. What is your occupation?


Q. Who do you work for?


Q. Are you refusing to answer that question?

A. I’m properly asserting my constitutional rights. You are clearly engaged in illegal activity and I want no part of it.

3.13 Education

Q. Do you have a degree?


Q. Where did you go to college.


3.14 Employment

Q. Where are you currently employed?

A. Do you mean “employed” within the meaning of the I.R.C. or “employed” in a common sense? I don’t want to confuse the two because they are mutually exclusive.

Q. I mean employed in a common sense.


3.15 Real Property

Q. Are you involved in a real estate transaction with the accused?

A. Spousal privilege. Fifth Amendment. First Amendment.

Q. What, if anything, can you tell us about the ______________real estate transaction?

A. Nothing. Spousal privilege. Fifth Amendment. First Amendment.



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Chapter 4: Questions About Accused Spouse Answered In Advance

4 QUESTIONS ABOUT ACCUSED SPOUSE ANSWERED IN ADVANCE

This chapter contains answers about the Accused, who is the spouse of the Deponent, answered in advance by the Deponent.

This sequence of questions and answers contains answers to questions anticipated at the IRS summons hearing of the Deponent that are directed at the Deponent. Throughout the following dialog, the answers will also be classified into one of following categories.

1. “FACT”: Factual Response. Capable of being true or false and also actionable, if it relates to actionable subject matter that is not a religious speech, political speech, or opinion, does not contain a disclaimer, and is specifically guaranteed to be accurate.

2. “RELIGIOUS”: Response is a religious belief, and incapable of being true or false or actionable.3. “POLITICAL”: Response is a political belief, and incapable of being true or false or actionable.4. “OPINION”: A personal opinion, and therefore incapable of being true or false or actionable.

The beginning of each answer may contain a word in brackets, such as “[RELIGIOUS]” indicating that the response is a religious belief and not a fact.

Some questions may use the phrase “First Amendment” in the answer.

4.1 Name

Q. Please state the name of your husband.

A. Fifth Amendment. First Amendment. Spousal privilege.

4.2 Marital status

Q. Is the Accused, married to you?

A. Yes.

Q. How long have you been married?

A. Spousal privilege invoked. Fifth Amendment. First Amendment.

4.3 Home address

Q. What is the home address of the Accused?


Q. What's his current address?


Q. Has the Accused ever lived at ____________________________(address)?


Q. Does the Accused live in San Diego?



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4.4 Domicile

Q. Where does the accused live?


Q. Does the accused now live or has he ever lived in Canada?


Q. Does the accused live at ________________________________(address)?

A. No

Q. Has the accused ever lived in Edmonton, Alberta?


4.5 Birth place

Q. Where was the Accused born?


4.6 Citizenship of parents

Q. Were the parents of the accused American citizens?


Q. Did the parents of the Accused live in the United States at the time the Accused was born?


4.7 Accused citizenship

Q. Is the Accused an “American citizen”?


4.8 Phone number

Q. What the phone number of the Accused?


4.9 Tax Status of the Accused

Q. Does the accused file tax returns?




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Q. Does the accused owe money to the IRS?


Q. Is the Accused aware that he/she has a duty to file returns and pay income tax?


4.10 Occupation and Employer

Q. What is the occupation of the Accused?


Q. Who does the Accused work for?

A. God, and God alone.

Q. Does the Accused have any other employer?


4.11 Education

Q. Does the accused have a college degree?


Q. Where did the Accused go to college.


4.12 Records of Accused

Q. Are you in possession, receipt, custody, or control of any records of the Accused?

A. No.

Q. Are you aware of where or how the Accused maintains his records?


4.13 Financial Records of Accused

Q. Are you in possession, receipt, custody, or control of any records of the Accused relating to his financial dealings?

A. No.

Q. Do you share signatory control over any financial accounts associated with the Accused?

A. No.

Q. Do you know what banks the Accused maintains his financial accounts at?



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4.14 Financial Transactions of the Accused

Q. Are you familiar with an entity called “__________________” (business name)?

A. No. Never heard of them.

Q. Does the accused maintain any bank accounts in Canada or a foreign country?


Q. Are you familiar with the Accused maintaining an account at the following bank:_____________

4.15 Friends of the Accused

Q. Can you name any of the friends of the Accused?


Q. Do you have any contact information for any of the friends of the Accused?


4.16 Business Associates of Accused

Q. Can you name any of the business associates of the Accused?


Q. Do you have any contact information for any of the business associates of the Accused?


4.17 Motives of Accused

Q. Are you aware of any law the Accused has violated in relation to taxation?


Q. Have you ever observed the Accused admitting that he/she is violating any law relating to taxation.


4.18 Commercial relations with Accused

Q. Do you provide money or support to the Accused?

A. Spousal privilege. Fifth Amendment. First Amendment. Question is irrelevant because parties are not “public officers” in the context of their relationship. Their relationship is private and all transactions between them are Not connected to the “trade or business”/”public office” excise taxable franchise. See:

The “Trade or Business” Scam, Form #05.001



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Q. Does the accused provide money or support to you?

A. Spousal privilege. Fifth Amendment. First Amendment. Question is irrelevant because parties are not “public officers” in the context of their relationship. Their relationship is private and all transactions between them are Not connected to the “trade or business”/”public office” excise taxable franchise. See:




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Chapter 5: Deponent Exhibits

5 DEPONENT EXHIBITS

This section contains exhibits that are referred to throughout this document.

5.1 EXHIBIT D1: Affidavit of Citizenship, Domicile, and Tax Status

This form documents the citizenship, domicile, and tax status of the deponent. Any attempt to change or coerce a different declaration of status during the deposition shall constitute unlawful duress and shall be superseded by this exhibit.



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5.2 EXHIBIT D2: Tax Form Attachment

This form documents the definitions, terms, and conditions that apply to all tax forms that the Deponent may have submitted in the past or will submit in the future to the Internal Revenue Service or State Taxing Authorities. The purpose of this form is to prevent the Deponent from becoming the victim of presumptions that injure his/her Constitutionally protected rights. All IRS forms and publications, by the admission of the IRS itself, are untrustworthy and none of the terms on these forms are defined using the law. Completing and signing such forms without defining all the terms on them invites the government to abuse presumption to make me their slave. See the following, which documents what the government itself says you can rely upon as a reasonable basis for belief, and which proves that publications and forms are unreliable:

Reasonable Belief About Income Tax Liability, Form #05.007http://sedm.org/Forms/FormIndex.htm

The Bible forbids presumption in Numbers 15:30 (NKJV). Therefore, I as a Christian cannot engage in or encourage or condone others to engage in presumption. Failure to abide by this requirement causes the government to abuse the authority of law to establish a religion in violation of the First Amendment, whereby “presumption” acts as a substitute for “faith” and the object of worship are political rulers instead of the true and living God. For details on this subject, see and rebut the following within 30 days or be found to agree:

Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017http://sedm.org/Forms/FormIndex.htm



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5.3 EXHIBIT D3: IRS Summons Proof of No Enforcement Authority Questionnaire

The following questionnaire establishes that this is an illegal proceeding and that I would be conspiring with the deposing party to offer aid, assistance, or information which might further the illegal activities described. If the deposing party disagrees, he/she as the moving party instituting this proceeding must prove on the record that he or she is proceeding lawfully by contradicting the evidence of their violations of law established herein. Each admission or statement that is false should be contradicted on the record of these proceedings with an answer and/or evidence demanded. Failure to deny shall constitute an admission pursuant to Fed.R.Civ.P. 8(d).



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Chapter 6: Affirmation

5.4 EXHIBIT D4: Copyright/License Agreement

This section describes the copyright/license franchise agreement applying to this submission and all other communications between the Deponent and all the following, who are collectively referred to as “Recipient” in this section:

1. The deposing parties as private individuals.2. The employer of the deposing parties.3. Anyone who uses these materials as evidence in any legal proceeding.4. Officers of any court who use these materials.

The authority for this franchise agreement is the behavior of the U.S. Government itself. That government is a government of delegated powers alone.

"'The government of the Union, then (whatever may be the influence of this fact on the case), is emphatically and truly a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them and for their benefit. This government is acknowledged by all to be one of enumerated powers.' 4 Wheat. 404, 4 L. ed. 601." [Downes v. Bidwell, 281H182 U.S. 244 (1901)]

"The question is not what power the federal government ought to have, but what powers, in fact, have been given by the people... The federal union is a government of delegated powers. It has only such as are expressly conferred upon it, and such as are reasonably to be implied from those granted. In this respect, we differ radically from nations where all legislative power, without restriction or limitation, is vested in a parliament or other legislative body subject to no restriction except the discretion of its members." (Congress)[U.S. v. William M. Butler, 297 U.S. 1 (1936) ]

"The Government of the United States is one of delegated powers alone. Its authority is defined and limited by the Constitution. All powers not granted to it by that instrument are reserved to the States or the people. " [United States v. Cruikshank, 92 U.S. 542 (1875)]

As a government of delegated powers alone, the United States cannot lawfully possess any power that We the People do not ALSO possess as individuals. No group of people can delegate authority that they as individuals do not also possess:

Nemo dat qui non habet. No one can give who does not possess. Jenk. Cent. 250.

Nemo plus juris ad alienum transfere potest, quam ispe habent. One cannot transfer to another a right which he has not. Dig. 50, 17, 54; 10 Pet. 161, 175.

Nemo potest facere per alium quod per se non potest. No one can do that by another which he cannot do by himself.

Qui per alium facit per seipsum facere videtur. He who does anything through another, is considered as doing it himself. Co. Litt. 258.

Quicpuid acquiritur servo, acquiritur domino. Whatever is acquired by the servant, is acquired for the master. 15 Bin. Ab. 327.

Quod per me non possum, nec per alium. What I cannot do in person, I cannot do by proxy [the Constitution]. 4 Co. 24.

What a man cannot transfer, he cannot bind by articles [the Constitution].

[Bouvier’s Maxims of Law, 1856]

Among the powers exercised by the United States is the power to create franchises and to compel people to participate. This power, in fact, is the very basis for the income tax being enforced herein, as described below:



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1. The “Trade or Business” Scam , Form #05.001http://sedm.org/Forms/FormIndex.htm

2. Government Instituted Slavery Using Franchises , Form #05.030http://sedm.org/Forms/FormIndex.htm

The basis of the United States Constitution is the protection of the requirement for equal protection and equal treatment of ALL. See:

Requirement for Equal Protection and Equal Treatment, Form #05.033http://sedm.org/Forms/FormIndex.htm

Consequently, I am EQUALLY entitled to establish my own franchise and to define the terms and conditions under which I as a private person voluntarily associate with and do business with the government or its agents, which I am appearing here today as. I am not appearing here today as a “public officer”, a “taxpayer”, or any other entity lacking the power to contract on behalf of the government. Rather, I am appearing in the context of this proceeding as a private person. It is a violation of the Thirteenth Amendment prohibition against involuntary servitude and an interference with my right to contract protected by the Constitution to undermine this franchise agreement.

The terms of the franchise agreement applying to all information, communication, testimony, and assistance I provide to the Recipient in the context of this proceeding to are as follows.

1. Recipient agrees not to initiate any discussion with the Deponent relating to settling or negotiating the tax liabilities of the Accused. Deponent has no authority delegated by the Accused to do so.

2. Recipient agrees not to contact the Deponent or his/her spouse at their home or place of work or any other place to initiate any further discovery relating to tax liability of the Accused.

3. Recipient agrees that nothing contained herein shall be submitted as evidence in any legal proceeding unless and until the following in their entirety are fully and completely complied with by all parties affected:3.1. The entire Copyright/License Agreement contained in this section.3.2. The content of the Affirmation in section 5.5 et seq.

4. Recipient agrees to grant witness immunity to the Deponent and his/her spouse pursuant to 18 U.S.C. §6002 for any and all criminal prosecutions, including tax prosecutions.

5. Recipient agrees to substitute himself/herself as being liable for any judgments against Deponent and his/her spouse or their agents relating to complaints filed by Recipient or evidence provided by Recipient to third parties or litigation initiated by Recipient which result in prosecution of the Deponent and his/her spouse or their agents.

6. Recipient agrees to refer to Deponent and his/her spouse as a “nontaxpayer” and to not enforce any provision of the Internal Revenue Code against him/her. Recipient may not:6.1. Institute any penalties against the Deponent or his/her spouse.6.2. Initiate any criminal or civil investigations of tax liability.6.3. Institute any civil or criminal litigation under the authority of any provision of the Internal Revenue Code.

7. Recipient agrees that if it is enforcing a legal obligation upon the Deponent and his/her spouse, then an express waiver of sovereign immunity in writing must be produced authorizing the enforcement. This is the same requirement those suing the government must meet and Deponent is entitled to equal protection and equal treatment. That waiver must come in the form of any one or more of the following:7.1. A document signed by the party expressly and in writing describing all rights surrendered and identifying itself as

an agreement or contract.7.2. An application for a license which identifies itself as a license application and which expressly identifies all rights

surrendered by making application for said license.8. Recipient agrees not to undertake any civil or criminal litigation based on the content of this document or any

communication with, to, or about the Deponent or his/her spouse.9. Recipient agrees to never register a complaint about the Deponent or his/her spouse to any law enforcement or

government organization.10. Recipient agrees never to provide evidence about any unlawful act to law enforcement or government that might be

used to prosecute or punish the Deponent or his/her spouse.11. Recipient agrees to compensate the Deponent and his/her spouse in full for legal and attorney fees and personal time



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associated with defending himself/herself against any complaints registered by or evidence provided by the Recipient to either government or law enforcement regarding Deponent and his/her spouse, or any communications with, to, or about them.

12. Recipient agrees that if any evidence or information is used from this document or any communication or testimony provided by Deponent or his/her spouse in a court trial, then the party to the suit calling the witness AND the witness submitting it to any court stipulates with the Deponent and his/her spouse as a condition of the copyright license, pursuant to Fed.Rul.Civ.Proc. 29 and the Federal Rules of Criminal Procedure :12.1. To admit THIS ENTIRE document and all such communication into evidence . No part of any communication or

this document can be admitted without the ENTIRE document and all communications also being admitted and subject to examination by the jury.

12.2. That everything contained in this document is factual, truthful, actionable, and accurate.13. If any litigation is initiated by the Recipient from the information or testimony provided by Deponent or his/her spouse:

13.1. Recipient agrees to litigate ONLY in a state court WITH a jury trial under the laws of the state and not the federal government, and to allow the jury to rule on BOTH the facts AND the law. No member of the jury or the judge may be either a "taxpayer", a statutory "U.S. citizen" pursuant to 8 U.S.C. §1401 , or be in receipt of any government benefit, to ensure that the trial is completely impartial. They also agree to allow us to say anything we want to the jury and call any witnesses we wish, and not to object to or rule out any of our testimony or our witnesses.

13.2. Recipient agrees that if the party using this document or any testimony or communications provided by the Deponent or his/her spouse for litigation is any state or federal government or any employee or agent thereof, then they stipulate with the accused party to answer the admissions and interrogatories at the end of each and every Memorandum of Law on the Forms/Pubs Page, Section 1.5 in their entirety on a signed affidavit, and to provide at least an "Admit" or "Deny" answer to each question. Any question not answered by the government or its agents shall be deemed to be "Admit". They also stipulate to admit their response to the questions into evidence in any trial involving the Deponent or his/her spouse. They also agree to publish for all time and eternity the original questions and their answers on the IRS and state revenue website in a conspicuous place for the entire public to read.

13.3. None of the persons called as witnesses by either side at any trial involving this ministry may work for the federal or state government, receive retirement benefits from the government, receive financial benefits of any kind from the government, nor be "taxpayers", statutory "U.S. citizens", or statutory "U.S. residents". This will ensure that the all witnesses called will be completely objective, neutral, and unbiased.

13.4. Recipient stipulates that their duty and allegiance to abide by this agreement is superior to their employment duties and any other agency they may claim to be exercising. Judicial, sovereign, or official immunity are therefore subordinate to the terms of this agreement. Recipient agrees that any and all lawsuits in which they are participants acting by or for or as witnesses for the Plaintiff shall be deemed to be filed by them personally, regardless of the party which they claim to be representing or which is named on the Complaint. For instance if a government attorney named "John Doe" quotes or uses our licensed materials in any legal proceeding in which he or she is the Plaintiff or an agent for the Plaintiff, and files the lawsuit in the name of the "United States", this agreement stipulates that the definition of "United States" or "United States of America" shall instead mean "John Doe" and John Doe stipulates that he is acting by and on his own behalf and not on the behalf of the government of the states united by and under the Constitution of the United States of America. This will ensure that the plaintiff or prosecuting attorney does not try to claim that he had no authority to bind the U.S. government to abide by this agreement. An important implication of this provision is that if John Doe prosecutes this case on paid time for the U.S. Government, then he can and will be fired and disciplined for conducting private business on company time.

14. Recipients who work either directly for the government in the legal or tax profession or as contractors for these functions, and who participate as either witnesses, informants, litigants, or representatives in any litigation directed against this ministry or its volunteers, members, or officers agree to a personal liability/fine of $300,000 payable out of their private funds and which they agree NOT to accept reimbursement for from the government. Payment shall occur BEFORE any trial is heard which involves them and is against this ministry. Government employees and/or informants involved as either plaintiffs, defendants, or witnesses in litigation directed against the ministry or its agents also stipulate NOT to accept or use government counsel in their defense or offense, and instead to either handle the case personally or hire a private attorney at their own expense.

15. Recipient agrees to bring any false statements contained herein or in any of the Deponent’s testimony to our attention immediately at the time noticed and give us an opportunity to remedy it BEFORE pursuing any litigation or injunctions



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http://www4.law.cornell.edu/uscode/8/1401.html

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http://www.law.cornell.edu/rules/frcp/Rule29.htm


against us because any information provided is false. If Deponent is physically able to correct the erroneous or illegal information, then we will do so immediately, provided that your comments are accompanied with credible, admissible evidence that the information provided is wrong. If this requirement is not heeded by the reader, then the reader agrees to:15.1. Forfeit 50% of their pay as a federal public servant for the remainder of their life, and donate it to the Deponent to

help those who have been hurt by their failure to correct erroneous information provided. This is in satisfaction of the IRS website's Mission Statement, which says in IRM Section 1.1.1.1 that the mission of the IRS is to "Provide Americas taxpayers top quality service by helping them [correctly] understand and meet their tax responsibilities with integrity and fairness all."

15.2. Pay the Deponent $10,000,000 prior to any litigation relating to false statements in this document or any communications with, to, or about the Deponent or his/her spouse and to not testify at all if they cannot pay the damages.

16. Recipient agrees to never abuse the testimony and information provided herein or in any communications with, to, or about the Deponent or his/her spouse to violate any enacted positive law which applies within the jurisdiction where he/she/it are situated or domiciled and to take full and complete and exclusive and personal responsibility for the consequences of any violations of law that might occur by virtue of using the materials posted on this website.

17. Both Recipient and Deponent mutually agree that if any provision of this franchise agreement is held unenforceable, it is their intention that all remaining provisions should be given full force and effect.

I remind the Recipient that the Declaration of Independence establishes a government that may govern only by my continuing consent in all civil matters. Implicit in the requirement for consent is the requirement that I have the right to determine the terms and conditions under which I am willing to provide said consent. Certainly, an oath or affirmation covering the materials and testimony provided herein constitutes a type of consent to the jurisdiction and protection of the deposing party.

5.5 EXHIBIT D5: Community Property Agreement

This section contains the Community Property Agreement between the parties relating to their common law marriage. This agreement is a restatement of the content of a confidential and private agreement between the parties that has been in full force and effect since the date of their lawful marriage.



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6 AFFIRMATION

6.1 Verification

I declare under penalty of perjury from without the United States in accordance with 28 U.S.C. §1764(1) that everything stated by me in the transcript is truthful and accurate to the best of my knowledge and ability when litigated in the forum identified in section 6.2 later and when the terms of the Copyright/License agreement are consented to and fully complied with by the deposing party or recipient or user of this document. If the Copyright/License agreement is NOT unconditionally consented to and complied with by the reader or recipient, then everything contained herein constitutes religious and political beliefs and speech that is NON-factual, NON-actionable, and not admissible as evidence pursuant to Fed.R.Ev. 610.

I claim the same equal protection of the law for my statements and actions as that of the IRS in this proceeding, and the Fourteenth Amendment, Section 1 guarantees me equal protection.

Fourteenth Amendment

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws .

The thing being “protected” is irresponsibility, in this case. If this court is not willing to grant me the same protections as the IRS, then it and the government is a hypocrite, and I don’t cooperate with hypocrites.

"IRS Publications [and statements], issued by the National Office, explain the law in plain language for taxpayers and their advisors... While a good source of general information, publications should not be cited to sustain a position." [IRM 4.10.7.2.8 (05-14-1999)]

___________________________________________________________________________________

p. 21: "As discussed in §2.3.3, the IRS is not bound by its statements or positions in unofficial pamphlets and publications."

p. 34: "6. IRS Pamphlets and Booklets . The IRS is not bound by statements or positions in its unofficial publications, such as handbooks and pamphlets."

p. 34: "7. Other Written and Oral Advice . Most taxpayers' requests for advice from the IRS are made orally. Unfortunately, the IRS is not bound by answers or positions stated by its employees orally, whether in person or by telephone. According to the procedural regulations, 'oral advice is advisory only and the Service is not bound to recognize it in the examination of the taxpayer's return.' 26 CFR §601.201(k)(2). In rare cases, however, the IRS has been held to be equitably estopped to take a position different from that stated orally to, and justifiably relied on by, the taxpayer. The Omnibus Taxpayer Bill of Rights Act, enacted as part of the Technical and Miscellaneous Revenue Act of 1988, gives taxpayers some comfort, however. It amended section 6404 to require the Service to abate any penalty or addition to tax that is attributable to advice furnished in writing by any IRS agent or employee acting within the scope of his official capacity. Section 6404 as amended protects the taxpayer only if the following conditions are satisfied: the written advice from the IRS was issued in response to a written request from the taxpayer; reliance on the advice was reasonable; and the error in the advice did not result from inaccurate or incomplete information having been furnished by the taxpayer. Thus, it will still be difficult to bind the IRS even to written statements made by its employees. As was true before, taxpayers may be penalized for following oral advice from the IRS."[Tax Procedure and Tax Fraud, Patricia Morgan, 1999, ISBN 0-314-06586-5, West Group]

___________________________________________________________________________________

"Our government is the potent, the omnipresent teacher. For good or ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker [or a hypocrite with double standards], it breeds contempt for the law; it invites every man to become a law unto himself; it invites



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anarchy. To declare that in the administration of the criminal law the end justifies the means...would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.” [Justice Brandeis, Olmstead v. United States, 277 U.S. 438, 485. (1928)]

6.2 Applicable Forum

This Affirmation is in accordance with 28 U.S.C. §1746(1). The truthfulness, accuracy, or actionability of any statement made here may only be litigated under the following circumstances. The statements and declarations made herein is to be considered “political speech” and “religious speech” that is not actionable in any other forums or venues.

1. Jury trial in a state and not federal court.2. No jurist or judge may be a “U.S. citizen” under 8 U.S.C. §1401 , or a “taxpayer” under 26 U.S.C. §7701(a)(14).

Instead, they must be “nationals” but not “citizens” under federal law like the Deponent, as documented in 8 U.S.C. §1101(a)(21). To do otherwise would deny the deponent of a jury and factfinder(s) of his peers, which is a requirement of the Seventh Amendment.

3. No jurist or judge, like the Deponent, may be in receipt of any federal financial or other benefit or employment nor maintain a domicile on federal property or territory.

4. The common law of the state and no federal law or act of Congress or the Internal Revenue Code are the rules of decision, as required Fed.R.Civ.P. Rule 17 (b), 28 U.S.C. §1652 , Erie RR v. Tompkins, 304 U.S. 64 (1938).

5. Any judge who receives retirement or employment benefits derived from Subtitle A of the I.R.C. recuse himself in judging the law and defer to the jury instead, as required under 18 U.S.C. §208 , 28 U.S.C. §144 , and 28 U.S.C. §455 .

6. All of the pleadings, exhibits, and statements made by all parties to the action, including those about the law, are admitted into evidence and subject to examination by the jury and/or factfinder(s).

7. The deponent is not censored or restricted by the judge in what he can tell the jury prior to any decision. Typically, juries are prevented from hearing the truth using this manner of censorship.

8. The jury is told that they have the power to rule on both the facts AND the law, and that they aren’t obligated to accept the judge’s interpretation of the law. They are also not prevented from hearing the law or studying it in the court library at any point during the trial on the subject.

"He that turneth away his ear from hearing the law, even his prayer shall be abomination." [Prov. 28:9 , Bible, NKJV]

"It is left... to the juries, if they think the permanent judges are under any bias whatever [as “taxpayers” or beneficiaries of unlawful collections] in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty."[Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers 15:283 SOURCE: http://famguardian.org/Subjects/Politics/ThomasJefferson/jeff1520.htm]

9. The Plaintiff counsel, all witnesses, and all other persons who downloaded information off the websites in question are personally subject to the terms of the Copyright/Software/User License Agreement. Things covered by license agreement include, but are not limited to, all writings, oral statements, and actions of anyone affiliated with any of the websites that are the subject of this investigation

10. There are no witnesses employed by the government or evidence provided by government employees, all of whom would unavoidably have a conflict of interest in violation of 18 U.S.C. §208 and Fed.Rule.Civ.Proc. 28(c ) because their pay, retirement, and benefits derive from continued payment of the alleged “tax” in question. All witnesses must be private Americans with no contractual or employment relationship to the federal government whatsoever. These are the only types of persons who are authorized by the applicable disclaimers and license agreement to read the writings or communicate with the Deponent, and these are also the only audience of “peers” who would make suitable jurists or judges in satisfaction of the requirements of the Seventh Amendment.

11. The Plaintiff provides and stipulates to admit (under Federal Rule of Civil Procedure Rule 29) all evidence constituting probable cause which was collected prior to the date the Complaint was filed on. Without any evidence of probable cause, the Complaint must be dismissed and reckless and irresponsible.

12. All of the points raised in each pleading by the Deponent and unrefuted by the Judge or the Plaintiff are admitted into evidence as fact in accordance with Federal Rule of Civil Procedure Rule 8(d).



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http://www.law.cornell.edu/rules/frcp/Rule17.htm






13. All of the evidence of no enforcement authority appearing in Section 5.3 are rebutted and answered by the deposing parties individually and by their employer as a body and admitted into evidence along with this transcript. The deposing parties have done their best to keep these issues out of the record and they must appear in the record in order for this proceeding to consider the full truth on both sides. Under Federal Rule of Civil Procedure 8(d), silence of the deposing parties and their employer equates to an admission of each and every question unless specifically and individually denied.

The motivation for the above requirements is my religious beliefs, which state:

"Come out from among them [the unbelievers and government idolaters]And be separate, says the Lord.Do not touch what is unclean,And I will receive you.I will be a Father to you,And you shall be my sons and daughters,Says the Lord Almighty."[2 Corinthians 6:17-18 , Bible, NKJV]_________________________________________________________________________________________

Dare any of you, having a matter against another, go to law before the unrighteous, and not before the saints [believers]? Do you not know that the saints will judge the world? And if the world will be judged by you, are you unworthy to judge the smallest matters? Do you not know that we shall judge angels? How much more, things that pertain to this life? If you then have judgments concerning things pertaining to this life, do you appoint those who are least esteemed [lawyers and judges who used to be lawyers] by the church to judge? I say this to your shame. Is it so, that there is not a [believing] wise man among you, not even one, who will be able to judge between his brethren? But brother goes to law against brother and that before unbelievers! Now therefore, it is already an utter failure for you that you go to law against one another. Why do you not rather accept wrong? Why do you not rather let yourselves be cheated? No, you yourselves do wrong and cheat and you do these things to your brethren! Do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived. Neither fornicators, nor idolators ["U.S. citizens"] nor adulterers, nor homosexuals, nor sodomites, nor thieves [the IRS] nor covetous [the corrupted politicians and lawyers], nor drunkards, nor revilers, nor extortioners [the IRS or those who are paid by plunder stolen by the IRS] will inherit the kingdom of God." [1 Cor. 6:1-10 , Bible, NKJV]

The above is not meant to suggest that the government has an obligation to execute or participate in my religious practices, but rather that they permit reasonable accommodation. Rather, the purpose is simply to place limits on what I can cooperate with that the government chooses to involve itself in so as to avoid unlawful, harmful, and injurious behaviors that God is offended and angered by. I must obey my only King, my Lawgiver, and my God, Jesus Christ, or else everything else I do while on this earth is for naught. This applies especially to my interactions with the government. Nearly all the prophets and messiahs who were killed in the Bible were killed by the government representatives, and so government is the biggest source of evil in society. Some in the federal judiciary have contended that allowing a judge who has a conflict of interest as a “taxpayer” or recipient of monies collected unlawfully by the IRS is OK and lawful because there are no other options.

The fact that the undersigned's salary is paid by the United States neither dictates nor suggests the need for recusal under 28 U.S.C. § 455(a) ("Any justice, judge or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned"). The court has no doubt concerning its impartiality and finds no reasonable person with knowledge of the facts would come to any different conclusion. Disqualification on such a basis would not be restricted to any one judge, but would mean that no federal judge could preside over the trial of a federal offense. If such claim were not dismissed as farsical, on its face, it would further violate the time-honored Rule of Necessity, United States v. Will, 449 U.S. 200, 101 S. Ct. 471, 66 L. Ed. 2d 392 (1980), whereby a judge is not disqualified to try a case because of personal interest if there is no other judge available to hear and decide the issue.[United States v. Zuger, 602 F.Supp. 889 (D.Conn. 06/18/1984)].

What the court above failed to address is that it cannot be impartial in financial matters directly affecting its own officers as private persons, and that the U.S. Supreme Court said a person cannot be a judge of himself or over matters that concern himself. It is anathema to the whole idea of American Jurisprudence to allow a person to judge his own case or his own impartiality:



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http://www.irs.gov/

http://www.dnc.org/

http://www.irs.gov/

http://famguardian.org/TaxFreedom/CitesByTopic/USCitizen.htm

http://www.biblegateway.com/cgi-bin/bible?language=english&passage=2+Cor.+6%3A17-18&version=NKJV


"In Calder v. Bull, which was here in 1798, Mr. Justice Chase said, that there were acts which the Federal and State legislatures could not do without exceeding their authority, and among them he mentioned a law which punished a citizen for an innocent act; a law that destroyed or impaired the lawful private [labor] contracts [and labor compensation, e.g. earnings from employment through compelled W-4 withholding] of citizens; a law [including judge-made law ] that made a man judge in his own case ; and a law that took the property from A [the worker]. and gave it to B [the government or another citizen, such as through social welfare programs]. 'It is against all reason and justice,' he added, 'for a people to intrust a legislature with such powers, and therefore it cannot be presumed that they have done it. They may command what is right and prohibit what is wrong; but they cannot change innocence into guilt, or punish innocence as a crime, or violate the right of an antecedent lawful private [employment] contract [by compelling W-4 withholding, for instance], or the right of private property. To maintain that a Federal or State legislature possesses such powers [of THEFT!] if they had not been expressly restrained, would, in my opinion, be a political heresy altogether inadmissible in all free republican governments.' 3 Dall. 388." [Sinking Fund Cases, 99 U.S. 700 (1878)]

Deponent contends that there are options other than the “farsical” prospect of allowing a judge with a conflict of interest to rule on the matter, or using a jury full of federal “employees” called “U.S. citizens” (see 8 U.S.C. §1401) and “individuals” (see 5 U.S.C. §552a(a)(2)), none of who are my peers, to judge this case.

"The king establishes the land by justice; but he [whether a judge or jurist] who receives bribes overthrows it." [Prov. 29:4 , Bible, NKJV]

Those options are described in the above list, where the case is tried in a state and not federal court, with a jury trial, as a common law contract issue because the IRC is private and not public law, and without any judges or jurists being federal “taxpayers” or benefit recipients. This is the only forum or venue that I can or will voluntarily submit to or claim a domicile within or take a perjury oath in front of. Any other forum would compel me to violate my religious beliefs and reward evil and conflict of interest. All other venues for hearing a federal tax case are corrupted and do not have nor deserve my allegiance or any aspect of my cooperation. In consonance with the Zuger case above, there IS another judge to hear the issue, and that is the American people themselves, who are the true and only sovereigns in our system of government and who have the RIGHT to judge both the facts AND the law in this and every other case.

"From the differences existing between feudal sovereignties and Government founded on compacts, it necessarily follows that their respective prerogatives must differ. Sovereignty is the right to govern; a nation or State-sovereign is the person or persons in whom that resides. In Europe the sovereignty is generally ascribed to the Prince; here it rests with the people; there, the sovereign actually administers the Government; here, never in a single instance; our Governors are the agents of the people, and at most stand in the same relation to their sovereign, in which regents in Europe stand to their sovereigns. Their Princes have personal powers, dignities, and pre-eminences, our rulers have none but official; nor do they partake in the sovereignty otherwise, or in any other capacity, than as private citizens."[Chisholm, Ex'r. v. Georgia, 2 Dall. (U.S.) 419, 1 L.ed. 454, 457, 471, 472 (1794)]___________________________________________________________________________________

“. . .the jury trial provisions in the Federal and State Constitutions reflect a fundamental decision about the exercise of official power--a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges. Fear of unchecked power, so typical of our State and Federal Governments in other respects, found expression in the criminal law in this insistence upon community participation in the determination of guilt or innocence. The deep commitment of the Nation to the right of jury trial in serious criminal cases as a defense against arbitrary law enforcement qualifies for protection under the Dues Process Clause of the Fourteenth Amendment, and must therefore be respected by the States."[Duncan v. State of Louisiana, 88 S.Ct. 1444, 1451 (1968), 391 U.S. 145.]

6.3 Whole truth

I also agree to tell the WHOLE truth, and to interfere and disrupt any efforts by the deposing party to censor what I have to say in response to any particular question, so as to advantage either himself or the Deposing party as parties to this proceeding. I therefore also certify that if any portion of this IRS Summons Answers is admitted into evidence in this case without the WHOLE thing being admitted, then the subset that is admitted will:

1. Be deliberately deceptive because censored and incomplete.2. Prejudice to the Constitutional rights of the Deponent and other third parties.3. Result in injustice, misunderstanding, and distrust of the government by all those observing this case.



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http://famguardian.org/TaxFreedom/CitesByTopic/justice.htm

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=99&invol=700

http://famguardian.org/TaxFreedom/CitesByTopic/RepublicanFormOfGovernment.htm


4. Be misunderstood, misquoted, and misused by the Court and the Deposing party to further commercial and unlawful purposes that will increase their pay and benefits as public employees.

5. Be misused for “political” rather than “legal” purposes by both the Judge and the deposing parties to prejudice the jury or factfinder.

6. Not portray the whole truth or even the most relevant part of the truth.7. Result in subornation of perjury under 18 U.S.C. §1622 , because it will violate this affirmation to tell the WHOLE

truth.8. Constitute witness and/or evidence tampering in violation of 18 U.S.C. §1512 .

Non-acceptance of this affirmation or refusal to admit all evidence attached to this pleading into the record by the Court or the deposing party shall:

1. Breach of contract (this franchise agreement/contract).2. Compelled association with a foreign tribunal in violation of the First Amendment and in disrespect of the choice of

citizenship and domicile of the Deponent.3. Evidence of unlawful duress.4. Violation of the Copyright/Software/User license agreement applying to all materials included herein by the Deposing

party. See section 5.4.

The recipient is also reminded that if any portion of this document is admitted into evidence, then the WHOLE thing MUST be admitted into evidence, or the judge and/or counsel are violating the Copyright/Software/User License agreement applying to these materials, and included as Exhibit D4.

Any threats of retaliation or court sanctions or punishment because of this Affirmation shall also constitute corruptly threatening and tampering with a witness in violation of 18 U.S.C. §1512 . This affirmation is an extension of my right to contract guaranteed under Article 1, Section 10 of the United States Constitution and may not be interfered with by any court of the Untied States.

6.4 Signature

Deponent Name (print):____________________________________________________

Deponent Signature:_______________________________________________________

Date:______________________________

___________________________________________________________________________________________________STATE OF <<STATE>> ) )COUNTY OF <<COUNTY>> )

On_______________, 20___, before me,_____________________________, Notary Public, personally appeared the person indicated above, personally known to me (or provided to me on behalf of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons or the entity of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of _____________(state) that the foregoing paragraph is true and correct.

Witness my hand and official seal.



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