CONTEXT: Many anons appear to need a bit of a nudge or help in pushing back legally and Constitutionally against the IRS over-reach in a LOW RISK, non confrontational way. There appears to be a "Breach in the IRS Wall" created by W. Virginia v EPA (2022) and it is time to ATTACK now.
DISCLAIMER: Not legal or financial advice; Suggested DRAFT is for teaching purposes only (as an example) and must be modified for each individual case circumstances in consultation with your accountant and/or lawyer as applicable. DISCLAIMER also applies to all comments attached to this post.
Annotations and explanation in BOLD
---------------------------------------------LETTER START-------------------------------------
[Your address]_________________________________________[Date]
[IRS Office that deals with you]
RE: [Case Info]
Dear IRS,
Be respectful and professional. This is a effectively a letter dealing with individual, personal business with this government entity.
It has come to my attention that IRS (Federal) taxation of my labor may be unconstitutional. A brief review of Constitutional Law and the national vs federal structure of the state and federal governments in our Constitutional Republic indicates that the IRS may collect ONLY indirect taxes from state citizens, of which I am one. The overall flow of labor tax payments per the structure of the American Constitutional Republic is from individual state citizen to state, then state to Federal government, NOT individual state citizen to the Federal government.
Introduction of the issue and establishment of your status as a "state citizen", putting you outside their direct tax jurisdiction. Sauce "Federalist Papers No. 39 (1776)": https://billofrightsinstitute.org/primary-sources/federalist-no-39 [explanation in his own words by one of the 3 authors of the 1788 Constitution, James Madison]
While I concede that the IRS may have specific legislatively-granted instructions from the the Congress to collect specific taxes on their behalf, these appear to be limited. Per Constitutionally approved legislation, the IRS appears to be able to collect a tax on labor from 1. Federal employee labor, 2. labor performed on Federal lands, and 3. labor performed via jobs listed on the Federal excise tax list. I hereby claim that my labor is NONE of these.
Review of Constitutionally-approved limit to IRS authority for direct labor tax collection from individuals, itemized. Declaration that your labor is not in list. Sauce: "1913 Congressional Record, Vol L, Part 4 pg. 3844": https://capitalvsincome.com/what-is-capital/ [BLOCKED if IP not US/Canada]
In addition, it appears that the recent SCOTUS precedent established in West Virginia v EPA (2022) also applies to the IRS as an Article II entity. This case established as LAW that an Article II entity (Executive Branch) may NOT usurp the Constitutional powers of either an Article I entity (Congress) NOR an Article III entity (Judiciary) per the Constitution and Separation of Powers Doctrine. And your letter to me declaring a "penalty and payment due" per "violation of IRS tax rule XX" is admissible evidence of usurpation of both.
Veiled threat and notice that if the IRS gives you standing by continuing their current actions and inflicting "harm" on you by their actions, you may sue them in Federal District Court for $402 filing fee over this specific matter to resolve it if necessary. The letter they sent is the only evidence you need to win your case. Sauce https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf
With the two above points in mind, I humbly request IRS assistance in resolution of the tax dispute you have presented to me. I hereby request that the IRS review this case as a potential error or your part. Further, I request that the IRS make any adjustments determined to be required in order to ensure Constitutional compliance with all IRS actions in this matter; and going forward into the future regarding interactions with me or any of my family members sharing my Last Name.
Here is your ASK. You are not instructing them or demanding they do anything. You are manufacturing their consent to get them to take action to correct the situation. You are not asking them to admit anything, you are just asking that they "make it go away" at their own discretion per an "error" or any other reason they choose to come up with.
Lastly, I request that the IRS issue or request that the Treasury Department issue a check in the amount of $1000 payable to me out of the "Litigation and Settlement Fund" or other similar budget for my labor consumed working as a defacto "Private Investigator" in dealing with an issue that may be your error. And when sending me a tax form for Tax Year 2023 related to this $1000 payment you will please note that it is untaxable as labor, and it is indeed NOT "income", as "Private Investigator" is not on the Federal excise tax list.
Legitimate request for compensation of your labor per you doing their job for them in the capacity as a "Private Investigator". If needed you may supply them with an invoice at a labor rate of $71.43/hr for 14 hours of labor. Note $71/hr is near a typical Per Diem number and well below a typical $200/hr lawyer labor rate. Sauce: "SCOTUS Case Law on 'What is Income?' ": https://foundationfortruthinlaw.org/Files/11-IRS-Documents/US-Supreme-Ct-Question-on-Income.pdf
Loyal citizen of the Constitutional Republic,
Be courteous, but forceful. You are defending the Republic.
[Your name]
[Your Signature, preferrably blue ink with 207 pen]
[List of Attachments, if any]
-----------------------------------------------LETTER END------------------------------------
Send letter via certified mail with return receipt, estimated cost $8 plus cost to make any copies
How to correct your W-2 via form 4852, Adjust W-4, and potentially file amended returns going back 5 Tax Years to get most of payroll tax deductions refunded from the IRS: https://greatawakening.win/p/16aA4T1R4C/success-constitutional-action-ag/c/
Case to use for Rights: Hale v Henkel (1906): https://supreme.justia.com/cases/federal/us/201/43/
Case to use for Standing: Lujen v Defenders of Wildlife (1992): https://supreme.justia.com/cases/federal/us/504/555/
Case to use to get any law or action ruled unconstitutional: Marbury v Madison (1803): https://www.archives.gov/milestone-documents/marbury-v-madison
Case to use to get any law or action ruled unconstitutional, from the beginning (ab initio): Hubbard et al. v Lowe (1915)
I'm gonna be crippled by the capital gains tax I owe for taking advantage of an over inflated market and profiting on the sale of my house last summer.
I would ask for a payment plan if needed. It is hard to escape income taxes due on capital gains.
Something to consider in the future is putting property into an LLC where "gains on sale" can be offset to some extent by property maintenance costs, property tax payments, and any other business-related expenses. Property usually gets put into LLCs for landlords to do this, but it is useful for individual as well, imo.
This requires setting up an LLC in your state which can be done via Secretary of State website. You need Articles of Incorporation and a few other things that are easy to create. Then just add a registered agent, and you are in business. Request Biz Tax ID from IRS if needed for national operation and filing 1065 tax form (flow through onto Individual 1040).
One may also potentially delay tax payments if the asset is in a Trust, but I'm just getting into that now, and don't have any first hand sauce to share right now. Note that it appears the elites are buying property with gold and silver, getting FULL TITLE and not paying property taxes to the Counties; All with Family Trust assets that are protected for centuries and which allow them to defer tax payments on 100 year payment plans.