A few legal citations

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A few of the legal citations that the Government has been confronted with and has failed to rebut:

  • 26 CFR § 31.3402 (p)-1 "Voluntary Withholding Agreements". (a) An employee who desires to enter into an agreement for withholding.....shall furnish his employer with Form W-4 (or equivalent) for withholding.

  • Pursuant to 26 CFR § 31.3402(p)-1(b)(2), either a company or a worker may terminate the withholding agreement (or its equivalent) at any time, by furnishing a signed, written notice to the other.

  • Pursuant to 26 U.S.C. § 3402(p)(3)(A), 5 U.S.C. § 5517 and 31 CFR §215.2(n)(1), all ordinary American workers have the right to refuse to consent to enter into a voluntary withholding agreement and can voluntarily refuse to have amounts taken from his/her pay for federal and/or state taxes, social security, other governmental insurance programs or welfare programs.

  • “Protected Individuals” as per 8 U.S.C. § 1324a cannot be compelled to submit any specific government documents or to disclose a social security number as a condition of being hired by or maintaining their status as a worker. Most American workers qualify as "Protected Individuals" under the law.

  • The landmark "Taco Bell" decision of EEOC v. Information Systems Consulting CA3-92-0169T U.S.D.C. Northern District of Texas Dallas Division, held that companies cannot discriminate against applicants or workers for failure to obtain or disclose a social security number.

  • No law requires a worker to file a Form W-4 (or its equivalent). In U.S. v. Mobil Oil Co., 82-1 USTC para. 9242, U.S.D.C. ND Tex. Dallas 1981 CA. 3-80-0438-G, the court ruled that an Entity does not even have to send a Form W-4 or other employment forms to the Internal Revenue Service unless served with a judicial court-ordered summons to do so.

  • Pursuant to IRC § 6041(c), a worker is only required to furnish a name and address upon demand of a company for whom he seeks to work. No social security number is required by statute.


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