|Table of Contents|
1. No requirement to file or pay any income tax. Determining taxable income.
2. No requirement to allow withholding by employer. W-4 agreement voluntary.
3. Social Security Is Not Mandatory.
4. The Paperwork Reduction Act.
5. The 16th Amendment.
6. All Statutes and Regulations
Pursuant to 42 USC 405(c)(2)(B)(i) Most American Citizens are not the category of individual (recipient of government benefits), required by law to obtain or disclose a social security number. This section identifies the types of individuals that ARE required to be assigned a social security number in order to live and work in America. Simply stated the average American Citizen is not the specified individual subject to these requirements. This is the trap most people fall in that makes them liable for subtitle A income taxes. For when they unknowingly subject themselves to a voluntary government entitlement program that they believe is mandatory like social security, they are then made liable for subtitle A income taxes because Social Security is a revenue tax, entitlement program. Once liable for this tax the law makes them liable for all of the income taxes most people are subjected to against their will. The logic goes like this. You have a Social Security Number and associate it with income taxes by supplying it on government form W-4. You cannot claim to be exempt from withholding if you have used a Social Security Number on form W-4 even if you claim exempt on that form, it is frivilous to claim exemption because the SSN on the form is evidence of your liability for that tax, and therefore all related subsequent internal revenue taxes. The social Security Number transforms an individual into the owner of a corporation, which is taxable under federal law. Most people get their Social Security number when they are born. Their parents sign an SS-5 for them at a time in their lives when they are unable to question what is going on. Almost every institution from education to medical, from banking to employment, people are unknowingly, illegally compelled to disclose their Social Security Numbers that they had no legal requirement of law to obtain let alone use. It is very difficult to get a job and function in America without this number. Employers make absurd claims that they are required to obtain your social security number in order to pay you for your work, but this is not true and the CONVENTIONAL WISDOM here is what is flawed.
The law itself shows exactly what is required of employers regarding this issue. 26 CFR 301.6109-1(c) and 26 USC 6109(a)(3) relate to the entity's requirement to REQUEST a social security number. But they also show that there is a waiver of penalties if they fail to obtain one. They only need to show due dillegence by signing an affidavit stating the REQUEST WAS MADE. There is no requirement for them to OBTAIN one, simply to REQUEST one. See the sections OF THE LAW for context. And this makes perfect sense that employers would be required to collect and report social security numbers from people whom ARE REQUIRED TO BE ASSIGNED A SOCIAL SECURITY NUMBER UNDER 42 USC 405(c)(2)(B)(i). And it also makes perfect sense that the law would provide for a waiver of penalties imposed for failing to obtain Social Security numbers from those who work, but do not have one, and cannot be compelled to get one, simply to live and work in the United States, because in this situation it is expected that there will be people that do not have a Social Security Number. Once the affidavit is signed stating that the company requested the number and was unable to obtain one their due dilligence is evidenced by that affidavit and 26 U.S.C. 6724 provides for a waiver of any penalties that may be imposed for failing to obtain a Social Security Number from a worker. The problem is that most Americans ASSUME that they know what the law requires of them without ever looking at it. 26 U.S.C. 6724 would be completely moot if every single person that works was required to have a Social Security Number. Specifically American Citizens that do not wish to participate in social security, would not have a Social Security Number. And the courts have ruled on this issue and this ruling has not been overturned. RAILROAD RETIREMENT BOARD V. ALTON RAILROAD CO. 295 U.S. 330 55 S. Ct. 758(1935) "US CITIZENS CANNOT BE COMPELLED TO REGISTER IN AND SUBSEQUENTLY PARTICIPATE IN GOVERNMENT ENTITLEMENT PROGRAMS, AS THE AUTHORITY TO REQUIRE SUCH FROM CITIZENS IS A POWER WHICH OBVIOUSLY LIES OUTSIDE THE ORBIT OF CONGRESSIONAL POWER."