ABOUT SSNs/TINs ON TAX CORRESPONDENCE

TABLE OF CONTENTS:
  1. Types of Numbers
  2. Why you don't "have" a number
  3. Numbers on IRS and other government forms
  4. Getting rid of SSNs/TINs in your IRS record
  5. Quitting Socialist Security
  6. Further Reading and Research

1.  Types of Numbers

It is VERY important that we fully understand how the government uses numbers to identify us both on forms and in their computer systems.  In fact, if you want to discontinue voluntary participation in the federal and state income tax systems, the absolute most important thing you can do is to eliminate all identifying numbers in connection with you.  Understanding this can literally mean the difference between being a free person and a government slave.  The federal government uses two types of identifying numbers:

Number type Issuing agency Application form(s)
Social Security Number (SSN) Social Security Administration SS-5
Taxpayer Identification Number (TIN) Internal Revenue Service W-7:  Application for IRS Individual Taxpayer
        Identification Number (TIN)
W-9: Application for Taxpayer Identification Number

No positive law (OFFSITE LINK) requires anyone to have or use either a Social Security Number (SSN).  The Social Security Administration admitted exactly this in a letter they sent to us in response to an inquiry about this subject:

All of Title 42 of the U.S. Code (OFFSITE LINK), which has the Social Security code  (OFFSITE LINK) embedded within it it, for instance, is not positive law (OFFSITE LINK), according to  the legislative notes under 1 U.S.C. §204 (OFFSITE LINK), so that even if the code required it, it would not be enforceable against anyone without their individual consent in some form.  Neither have we ever seen anyone from the government ever allege that specific sections within Title 42 are positive law either.  They are simply optional guidance for the average individual, and not "law" as a consequence.  To call Social Security a "law" is to establish a state-sponsored religion in violation of the First Amendment (OFFSITE LINK), in fact.  See Great IRS Hoax (OFFSITE LINK), sections 4.3.13 and 5.4 through 5.4.3.6 for an exhaustive analysis and supporting evidence that backs up this conclusion.

Below is the definition of a "Taxpayer Identification Number (TIN)" (OFFSITE LINK) from the Internal Revenue Code (OFFSITE LINK).  Keep in mind that all of Title 26 of the U.S. Code, like Title 42, is NOT positive law and obligates no one to do anything except those who consent to be bound by it.  See Great IRS Hoax (OFFSITE LINK) sections 5.4 through 5.4.3.6 for further details on this:

26 CFR §301.6109-1(d)(3) (OFFSITE LINK)

(3) IRS individual taxpayer identification number -- (i) Definition. The term IRS individual taxpayer identification number means a taxpayer identifying number issued to an alien individual by the Internal Revenue Service, upon application, for use in connection with filing requirements under this title. The term IRS individual taxpayer identification number does not refer to a social security number or an account number for use in employment for wages. For purposes of this section, the term alien individual means an individual who is not a citizen or national of the United States.

Only "aliens" as defined in 26 U.S.C. §7701(b)(1)(A) (OFFSITE LINK) can have or use Taxpayer Identification Numbers, and "nationals", which describes all natural persons born in the states of the Union, are not "aliens".  Therefore, they cannot lawfully have or use Taxpayer Identification Numbers.  According to 26 CFR  301.6109-1(b), those filing returns with the government "must" furnish TINs:

26 CFR § 301.6109-1(b) (OFFSITE LINK)

(b) Requirement to furnish one's own number--(1) U.S. persons. Every U.S. person who makes under this title a return, statement, or other document must furnish its own taxpayer identifying number as required by the forms and the accompanying instructions.

Notice the word “its”.  This should clue you into the fact that the tax code doesn’t apply to flesh and blood people, who are called “natural persons” in regulations like that above.  If they had meant to refer to such a natural person, the word “it’s” would have said “his” or “her”.  Consequently, the only type of “person”, they can be referring to is a privileged corporation, as was pointed out at the beginning of chapter 5 of the Great IRS Hoax (OFFSITE LINK).  Also keep in your mind that the above regulation implements a code that is not positive law and therefore imposes no obligation upon anyone who does not consent to be bound by it.  The "U.S. person" (OFFSITE LINK) identified above is defined below to mean a person born in or "resident" (OFFSITE LINK) only within the District of Columbia, as follows.. Note that "United States" (OFFSITE LINK) is defined in 26 U.S.C. §7701(a)(9) and (a)(10) to mean ONLY the District of Columbia:

TITLE 26 > Subtitle F > CHAPTER 79 > Sec. 7701.

Sec. 7701. - Definitions

 

(a)(30) United States person

The term ''United States person'' means -

 

 (A) a [corporate] citizen or resident [alien] of the [federal] United States,

 (B) a domestic partnership,

 (C) a domestic corporation,

 (D) any estate (other than a foreign estate, within the meaning of paragraph (31)), and

 (E) any trust if -

 (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and

 (ii) one or more United States persons have the authority to control all substantial decisions of the trust. 

The IRS has no lawful authority anywhere to convert an SSN (OFFSITE LINK) into a Taxpayer Identification Number (OFFSITE LINK), nor to issue anything other than Taxpayer Identification Numbers.  Since the Social Security administration says that participation in Social Security is voluntary, and because the IRS can only issue TINs to "aliens", who are called "residents" throughout the Internal Revenue Code, then by implication, those who are "nationals" and "nonresident aliens", which describes nearly all persons born within and residing within states of the union, cannot be required to have or use a TIN, which is another way of saying that the IRS has no authority to compel anyone to become a "taxpayer" (OFFSITE LINK).

2.  Why you don't "have" a number

Webster's Collegiate Dictionary defines the word "have" as follows:

"have.  1 a: to hold or maintain as a possession , privilege, or entitlement <they ~ a new car><I ~ my rights> b: to hold in one's use, service, regard, or at one's disposal <the group will ~! enough tickets for everyone>;. . . 2. To feel obligation in regard to --usu. used with an infinitive with to <we ~ things to do> . . .3: to stand in a certain relationship to <~ enemies>.
[Webster's Collegiate Dictionary, 1983, ISBN 0-87779-510-X, p. 556]

In order to "have" a number:

  1. You must be able to control the use of the number by all those who use it.  "Ownership" implies FULL control.  All uses of the number must require your consent, in accordance with the Privacy Act, 5 U.S.C. 552a(b).  Otherwise, it is "their" number and not "yours".  Remember:  "The" and "IRS" together spells "THEIRS".  Everything you "think" you own is really "THEIRS" when you use "their" numbers.

  2. It's use must provide a definite benefit to you personally that is contractually and legally protected.  Social security benefits are not contractually or legally protected, according to the Supreme Court, and therefore, they are not necessarily "benefits".

  3. It must be in connection with an "entitlement or privilege".  It is not a "privilege" to be tracked by IRS computers and be terrorized and harassed to illegally pay bribery money to a bloated government that does not respect your rights or obey the Constitution.  It's a "liability" and not a "privilege".

  4. You must be a federal "employee" (OFFSITE LINK).  For instance, the Social Security Regulations (OFFSITE LINK) fall under Title 20 of the Code of Federal Regulations (OFFSITE LINK), which is "Employee's Benefits".  The "employee" they are talking about is a federal "employee" (OFFSITE LINK) as legally defined in the Internal Revenue Code.  Those who participate in Social Security are federal government "employees" as legally defined.  That is the only way the government can lawfully operate, because if they didn't do it this way, they would be abusing their taxing power to become a Robin Hood who transfers property between citizens, which the U.S. Supreme Court said below they cannot lawfully do:

"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 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)]

Consequently, if you are receiving federal payments, there are only two ways to describe the result: 1.  Your government is a thief and a Robinhood and you continue to be a private citizen; 2.  You are a federal "employee" and the payment is "employment compensation".  Take your pick, but you have to pick either one of the two and not both.

Since Slave Surveillance Numbers (SSNs) and Taxpayer Identifications Numbers (TINs) do not fit any of the above criteria in the context of taxation, then they cannot be described as "your" number.  The Supreme Court, in fact, agreed with these conclusions when it said in Flemming v. Nestor, 363 U.S. 603 (1960) (OFFSITE LINK) that Social Security is not a contract and receipt of benefits is not a "right". 

“We must conclude that a person covered by the Act has not such a right in benefit payments… This is not to say, however, that Congress may exercise its power to modify the statutory scheme free of all constitutional restraint.” 
[Fleming v. Nestor , 363 U.S. 603 (1960) (OFFSITE LINK)]

Without an contractual entitlement and guarantee, then there is no definite or certain "benefit", which means that one cannot "have" any right or entitlement to anything by virtue of having such a number.  Consequently, when one is asked what is "your" number, one can honestly respond by saying:

"I don't have one.  Any number the government might have associated me with was involuntary and compelled and I have asked them repeatedly to eliminate this form of 'compelled association' in violation of the First Amendment.  The fact that you won't amounts to identity theft, kidnapping, and conspiracy against rights in violation of the Constitution and 18 USC 241"

The Social Security System, in fact, is a Trust.  All trusts require three entities to operate:

  1. A "Grantor" or "Settlor", which is the entity that created the trust.  That would be the American People who, through their elected representatives, wrote the Social Security Act.
  2. A "Trustee", which is you, who is a federal "employee" managing the trust.
  3. A "Beneficiary", which is the U.S. government.  The purpose of the Social Security System is NOT to pay you benefits in old age, it is to increase the general revenues so to inflate the federal retirement and power and control of your "public servants". 

The Social Security Trust is a "constructive trust", which is created when you complete and sign the SS-5 form, application for Social Security.  It is constructive, because you never explicitly signed a trust agreement and agreed to act as a "Trustee", nor was your consent fully informed of the terms of the trust.  The trust document is the Social Security Act of 1935 (OFFSITE LINK), codified in Title 42 of the U.S. Code  (OFFSITE LINK).  The assets of the trust are accumulated from your earnings.  The trust is a "social insurance program" and the federal government is in the "insurance business" for its federal "employees" (OFFSITE LINK).  The federal Constitution, Tenth Amendment, forbids the federal government from offering such social insurance to anything BUT its own "employees", or offering it anywhere except within its own territories under its exclusive control.  If you don't believe us, look at IRS form 4029, which identifies Social Security as an "insurance program".

The Slave Surveillance Number attaches to the position of "Trustee" of the trust.  The all caps person name that is similar to your name is the legal "res" (OFFSITE LINK) or "person" who is:

  1. Acting as the Trustee and federal "employee" (OFFSITE LINK).
  2. A fiduciary over government payments under 26 U.S.C. §6901  (OFFSITE LINK).
  3. A "transferee" under 26 U.S.C. §6903  (OFFSITE LINK).
  4. "An officer of a corporation", where the "corporation" is the United States Government, which is identified in 28 U.S.C. §3002(15)(A) as a "federal corporation".  As an "officer of a federal corporation", you are mentioned in 26 U.S.C. §6671(b) and 26 U.S.C. §7343  (OFFSITE LINK) as the only proper subject of the penalty and criminal provisions of the Internal Revenue Code.  You are also subject to the penalty and criminal provisions of the I.R.C. without the need for implementing regulations by virtue of the fact that 44 U.S.C. §1505(a)(1)  (OFFSITE LINK)says that implementing regulations are not required for those who are federal employees.  Federal statutes may be enforced DIRECTLY against federal employees without the need for implementing regulations.

The so-called Socialist Insecurity "benefits" that you receive don't make you the "Beneficiary" of the trust by any stretch of the imagination, but rather simply a federal "employee" and "Trustee" and "fiduciary" over public monies that used to be yours but became public monies when you joined the program and agreed to act as "Trustee".  When you filled out and signed the W-4 form, which is a contract (see 26 CFR §31.3401(a)-3), you obligated yourself to several things under the terms of the contract or what the government calls a "voluntary withholding agreement".  In effect, you signed a private contract with the U.S. government to become part of the government and thereby qualify for federal employee benefits, including "social insurance":

  1. You changed from a private citizen to a federal public employee subject to the legislative jurisdiction of the federal government.

  2. Your private employment earnings changed character from that of private earnings to public property and federal payments.  The Internal Revenue Code is the means by which that public property or "gift" is then managed under 26 U.S.C. §321(d).  This is documented further in section 5.4.6 of the Great IRS Hoax.

"Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second, that if he devotes it to a public use, he gives to the public a right to control that use [through the Internal Revenue Code, in this case]; and third, that whenever the public needs require, the public may take it upon payment of due compensation.
[Budd v. People of State of New York, 143 U.S. 517 (1892)]

  1. Your earnings are now called "wages" (OFFSITE LINK), which is a "word of art" for income connected to a "trade or business" and a "public office" (OFFSITE LINK) that originates from within the District of Columbia.  Click here for an article showing how this scam works.  See also Great IRS Hoax, section 5.6.7.

  2. You consented to be treated as a person with a legal "domicile" within Washington, D.C., even if you in fact do not have a domicile there.  4 U.S.C. §72 (OFFSITE LINK) says that all "public offices" must occur in the District of Columbia, and you identified yourself as a federal "employee" holding such an office by virtue of the fact that the upper left corner of the W-4 form says "employee" (OFFSITE LINK), which is defined in 26 CFR §31.3401(c )-1 (OFFSITE LINK) as an elected or appointed officer of the United States Government.  This is the same "public office" which is the only proper subject of levies in 26 U.S.C.§6331(a) (OFFSITE LINK).  Click here (OFFSITE LINK) for more details on this scam.

  3. You contractually agreed to include your earnings subject to the W-4 withholding agreement as "gross income" on a tax return:

"Sec. 31.3402(p)-1 Voluntary withholding agreements.

(a) In general. An employee and his employer may enter into an agreement under section 3402(b) to provide for the withholding of income tax upon payments of amounts described in paragraph (b)(1) of Sec. 31.3401(a)-3, made after December 31, 1970. An agreement may be entered into under this section only with respect to amounts which are includible in the gross income of the employee under section 61, and must be applicable to all such amounts paid by the employer to the employee. "

As a voluntary "Trustee", you become a "fiduciary" (OFFSITE LINK) under 26 U.S.C. §6901 (OFFSITE LINK) and a "transferee" under 26 U.S.C. §6903 (OFFSITE LINK) over federal property.  The Social Security retirement benefits, in fact, simply represent deferred federal employment compensation as a "Trustee".  All employment compensation is paid to this "Trustee" and not to you as a natural and private person.  The payment checks are sent to the all caps Trustee, not the lower case you the natural person.  You must consent or agree by your actions to represent this Trustee in order to cash these deferred employment compensation payments to the Trustee called Social Security Checks.  No one can compel you to act as a "Trustee".  To do otherwise would be to institute involuntary servitude in violation of the Thirteenth Amendment (OFFSITE LINK).  Because of the provisions of the Thirteenth Amendment, you can resign at any time as "Trustee" but the government is going to make it very difficult for you to discover how to resign because they want to keep the federal gravy train and your earnings running right up to their front porch.  If you do not think that their "employment compensation" is sufficient and do not choose to act as a "Trustee" and federal "employee"  (OFFSITE LINK), then simply make sure that whenever the government wrongfully refers to you using this number, you indicate that:

  1. It is not the correct number.
  2. You do not choose to act as a "Trustee" or federal "employee".
  3. The employment compensation of the Trustee position is inadequate and you quit the position years ago.  The compensation you want must ALSO include no federal tax liability and the federal government is unwilling to add this to the terms of the Trust Indenture document.
  4. The government should correct its records to reflect this fact and discontinue illegal collection actions.

3.  Numbers on IRS and other government Forms

When the IRS wants to request an identifying number, it asks for a "Social Security Number" on its forms.  The IRS' own Internal Revenue Manual however, in IRM section 4.10.7.2.8, says that you can't rely on the accuracy of its forms and publications:

"IRS Publications, 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) (OFFSITE LINK)]

Consequently, it would be unreasonable to conclude that an SSN as legally defined is really what they are asking for.  In fact, the only thing they are authorized to ask for is a TIN.  If they asked for a TIN, however, they would have a lot fewer "taxpayers" because few people have TINs but most people apply for SSNs.  Consequently, they falsify their forms to instead ask for the SSN instead of the TIN.  Whenever you see the phrase "SSN", or "Social Security Number", you must conclude that they are really asking for a TIN, and since most Americans don't have TINS because they are not "aliens" or "residents" of the District of Columbia, then the safe way to answer such a question is to:

  1. Line out "SSN" and write "TIN" above it.

  2. In the box underneath write "None".

  3. In the "Notes" section or blank area on the form, put:

"Not authorized to use SSN in place of TIN.  Please cite positive law if you disagree.  In accordance with 5 U.S.C.  552a(b), you do not have my permission to use any identifying number in association with me and are COMMANDED to remove all such numbers from your records. All personal information about me is copyrighted and a trade secret and may not be maintained in ANY government information system or shared with any state revenue agency.  Violation of the copyright will subject the violator to $1,000,000 for each occurrence."

If the IRS or a state revenue agency sends you a notice or form to fill out and an identifying number appears on the form or letter or correspondence, you should immediately respond to the notice by lining in thick felt-tip pen all identifying numbers and writing next to this the following:

"Invalid.  Please remove this wrong number from my record.  See note of explanation on the attached letter"

Then on the responsive letter, use language like what we showed you in this section to aver that the number is "your" number.  This will create doubt in the minds of the IRS or state revenue agency about whether they have the right number.  When this doubt exists, they are far less likely to pursue illegal enforcement actions because they may be doing so against the WRONG target, which will subject them to personal liability for a tort.  It will also increase the likelihood that all incorrect identifying numbers will be removed from any records they maintain about you.  If they don't remove the invalid identifying number from their records, then you have a legal recourse for violation of copyright and of the Privacy Act.

4.  Getting Rid of SSNs/TINs in your IRS or other government record

By following the procedures given above to rebut any association with an identifying number, you will go a long way toward eliminating it from government records.  The other important thing is to make sure that:

  1. You discontinue using it or writing any identifying numbers on any new government forms you fill out.

  2. You correct your status with the Social Security Administration by sending in an amended SS-5 form changing your citizenship status to that of a "national" who is not a "U.S. citizen".

  3. You go back and refile all government forms that are still in use which indicated a number, such as:

Below are some additional resources that may prove useful for those who want to remove SSNs from government records and liberate themselves from the position of compelled "Trustee":

  1. Social Security Number (SSN)-(OFFSITE LINK) defined
  2. Taxpayer Identification Number (TIN)-(OFFSITE LINK) defined

  3. Don't Give Your Children Social Security Numbers (OFFSITE LINK)

  4. Quit Social Security and Rescind your Social Security Number (OFFSITE LINK) - Income tax freedom forms and instructions, step 3.17.

  5. State DMV Change of Address letter (OFFSITE LINK)

  6. Attachment to Government form which asks for Social Security Number (OFFSITE LINK)

  7. How to Apply for a Passport as a "national" without an SSN (OFFSITE LINK)

  8. Social Security form SS-521: Request for Withdrawal of Application (OFFSITE LINK)

  9. Change Your Filing Status to "nonresident alien" and "Denumber" yourself (OFFSITE LINK) -income tax freedom forms and instructions, step 3.14

  10. IRS Form 4029: Application for Exemption from Social Security Taxes and Waiver of Benefits (OFFSITE LINK)

  11. IRS Form W-9: Application for NONTAXPAYER identification number

  12. Your Rights Regarding Social Security Numbers (OFFSITE LINK)- Family Guardian

  13. Secrets of the Social Security Number-(OFFSITE LINK)Buildfreedom

  14. Social Security Numbers for Children?-(OFFSITE LINK) SSA Website.  NO! you don't have to have one!

  15. Opening Bank Accounts Without SSNs-(OFFSITE LINK)Antishyster Magazine

  16. Working without an SSN-(OFFSITE LINK)Antishyster Magazine

  17. Letter about Social Security Numbers-(OFFSITE LINK)by Social Security Administration

5.  Quitting Socialist Security and living without SSNs or TINs

For detailed procedures on how to quit Social Security and how to live without a Social Security Number, please refer to the following resource:

Resignation of Compelled Social Security Trustee-(OFFSITE LINK) allows you to quit social security

Social Security Policy Manual-describes how to live without a Socialist INsecurity Numbers

6.  Further reading and research

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