Attachment M - Jeffrey Thomas Maehr
The so-called "Social Security insurance fund" is constructive fraud:
Social Security payments are, legally, voluntary, NOT mandatory:
"The catalog of means and actions which might be imposed upon an employer in any business, tending to the comfort and satisfaction of his employees, seems endless.
Provisions for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters might with equal propriety be proposed as tending to relieve the employee of mental strain and worry.
Can it fairly be said that the power of Congress to regulate interstate commerce extends to the prescription of any or all of these things?
Is it not apparent that they are really and essentially related solely to social welfare of the worker, and therefore remote from any regulation of commerce as such? We think the answer is plain. These matters obviously lie outside the orbit of Congressional power." Railroad Retirement Board v. Alton Railroad Company, 295 U.S. 330. (1933)
Social Security, as outlined below is illegally being forced on citizens.
26 CFR 301.6109..1 (g) [cross referenced from 1.6109-1] Identifying Numbers. [Social Security Numbers] Non-Resident Alien Exclusion. This section shall not apply to non-resident aliens, foreign corporations, foreign partnerships, or foreign private foundations that do not have income effectively connected with the conduct of a trade or business within the United States, and "do not have an office or place of business in the (district) United States." (See Attachment B).
From the SSA government website:
"The Social Security Trust Funds are the Old-Age and Survivors Insurance (OASI) and the Disability Insurance (DI) Trust Funds. These funds are accounts maintained by the Department of the Treasury. They serve two purposes: (1) they provide a mechanism for keeping track of all income to and disbursements from the trust funds, and (2) the assets of the funds provide automatic spending authority. To clarify the second point, no legislation is needed to spend a portion of trust fund assets on benefits or administrative costs (the Social Security Act limits expenditures to benefits and administrative costs)."
Such accounts DO NOT actually exist. This is fraud.
The government makes the American people believe the SS system was like any private-sector pension program. They called taxes ( i.e., forced exactions under threat of imprisonment) "contributions," and conjured up the so-called "trust fund." They wanted us to think that the money we "contribute" is put away for us individually, somehow invested so that when we retire we can draw a return on our money. This is a lie. There can't be a return: our money is consumed and gone forever. All the politicians really promise is that when we retire they will tax someone else and give that money to us. The ONLY tangible "assets" the government holds is future slaves paying into the government coffers which they claim they will pay future "collectors" of SS.
"Social Security Taxes are NOT earmarked for specific SS use, but go into the general fund account and are used for general purposes." Steward Machine Co. V Davis, 301 U.S. 548 and Helvering v. Davis, 301, U.S. 619.
The Court held that Social Security was not an insurance program, saying, "The proceeds of both employee and employer taxes are to be paid into the treasury like any other internal revenue generally, and are not earmarked in any way." Helvering vs. Davis (1937).
"To engraft upon Social Security system a concept of 'accrued property rights' would deprive it of the flexibility and boldness in adjustment to ever-changing conditions which it demands." Fleming vs. Nestor (1960).
Notice the fraud in clear language:
Chapter 21 called the "Federal "Insurance" Contributions Act, Section 3102: Deduction of Tax From Wages" states:
(a) Requirement. The tax imposed by section 3101 shall be collected by the employer of the taxpayer, by deducting the amount of the tax from the wages as and when paid....
Notice that the word insurance does not appear in the body of the written text. What is presented as "insurance," is suddenly defined, legally, as a "tax." IR Code 7806.
Construction of Title
(a) Cross References. The cross references in this title to other portions of the title, or other provisions of the law, where the word "see" is used, are made only for convenience and shall be given no legal effect.
(B) Arrangement and Classification. No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section of provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title shall be given any legal effect.
Because the word "insurance" appears with the table of contents and the table of contents is "descriptive matter" used as an "outline," the word "insurance" has "no legal effect." In other words, no words in the table of contents have any force of law. The word which does have legal effect is "tax" because it is used within the body of the law itself; therefore, it has the full force of law. Legally, the word "insurance" does not apply, means nothing, to the chapter of the Code entitled "Federal Insurance Contributions Act." (Source http://www.newswithviews.com/Devvy/kidd27.htm)
1936 Social Security Pamphlet:
"After the first 3 years -- that is to say, beginning in 1940 -- you will pay, and your employer will pay, 1.5 cents for each dollar you earn, up to $3,000 a year. ... Beginning in 1943, you will pay 2 cents, and so will your employer, for every dollar you earn for the next 3 years. ... And finally, beginning in 1949, 12 years from now, you and your employer will each pay 3 cents on each dollar you earn, up to $3,000 a year."
"That is the most you will ever pay."
"Beginning Nov. 24, 1936, the United States government will set up a Social Security account for you. ... The checks will come to you as a right."
Based on the legal case law above, this "right" is a lie and was from the beginning. The promise of "Insurance" and "Old Age Pension" was also fraud. In addition, such "social security" system is NOT required of ANY American:
Title 42, United States Code section 405(c)(2)(B)(i)(II) states:"...to any individual who is an applicant for or recipient of benefits."
If a social security number is required, why does one apply for it? If you read subparagraph (I) immediately prior to the above, it states that the Secretary of the Social Security Administration will ASSIGN SSN's to aliens ( meaning foreigners from International countries ) at the time of their lawful admission to the United States and, under subparagraph (II) as already quoted above: "...any individual who is an APPLICANT for or recipient of benefits..."Numbers are automatically assigned to foreigners BUT for the rest (sovereign citizens) only IF they APPLY. Why are they assigned to foreigners WITHOUT an application and everyone else WITH an application IF it is required which it isn't (See Attachment U) - (See Attachment V) - (See Attachment W) - (Attachment W, page 2) by all Americans? I believe this to be constructive fraud and misrepresentation of a contract. Complete information and case law available through the book, "THE SOCIAL SECURITY SWINDLE," by Irwin Schiff.
In addition, NO American is "required" to have monies "withheld' by their employer OR the IRS:
26 C.F.R. 3402(p)-1(b)
(b) ... an employee who desires to enter into an agreement under section 3402
(p) ... shall furnish his employer with Form W-4.
The furnishing of such Form W-4 shall constitute a request for withholding...
Furthermore, *26 C.F.R. 31.3402(p)-1(b)(2) states:
"...An agreement under Section 3402(p) shall be effective for such period as the employer and the employee mutually agree upon. However, either the employer or the employee may TERMINATE the agreement prior to the end of such period by furnishing a signed written notice to the other...."
IR Code shows clearly that any such agreement to have monies removed from someone's wages, is voluntary, not by force of any supposed law. Any employee may stop ANY and ALL withholding of monies for supposed future tax liabilities, period, and no employer is required to collect such taxes.
I terminate any such agreement or contract with the government/SSA in perpetuity, and also rescind any approval of past so-called social security "contributions," and withholding, under ID ---------, based on IRS and employer fraud, and believe all monies paid to this "account" were fraudulently obtained through an illegal contract, and due me, (plus interest and punitive damages), and I accept NO supposed benefits from said system.
If said monies are NOT returned to me, per this affidavit, any future collection from said "Social Security" system by me is NOT receiving "benefits" but is receiving what I was defrauded of BY this system, till paid in full. Any additional monies beyond this amount which I may receive, for ANY reason, will be regarded as a free gift from the government, and will not encumber me in any contract relationship with the government in any way, nor legally bind me to any.
This includes Self-employment "income:"
26 IRC 1402 (b) SELF-EMPLOYMENT INCOME - The term "self-employment income" means the earnings from self-employment derived by an individual, other than a nonresident alien individual.. "
26 CFR 1.1402 (b)-1 (a) Nonresident aliens. A nonresident alien individual never has self-employment income"... (See Attachment B)
I present this as further evidence of crimes being committed on a daily basis, and require responsible parties to act on this criminal knowledge by commencing a Grand Jury to publicly investigate this or be personally liable.
Jeffrey Thomas Maehr, Copyright © 2006-2008 All rights reserved.