It's important to let people know when they're trying to violate your rights. By giving them legal notice, you're telling them that you're aware of your rights and ready to take action to protect them. This creates a record of your intent to enforce your rights, which can be useful in any future legal proceedings. It also acts as a warning, making them think twice before continuing their actions. By giving legal notice, you can clearly state what rights are being violated and what you expect them to do to fix the situation. It's a proactive way to protect your rights and hopefully find a resolution without going to court.
- Example of such notice, if one existed:
Sample Notice for Covered Workers (W-4/W-2):
Dear Sir or Madam,
You have requested my signature on a Voluntary Withholding Agreement (W-4).
If you are seeking my signature to verify records that establish a nexus connecting me, under the authority of the Internal Revenue Service (IRS), to assess, enforce, and collect taxes, I would like to inform you that the Sixteenth Amendment to the Constitution authorized Congress to impose an income tax. Congress implemented this through Title 26 of the United States Code, known as the Internal Revenue Code (IRC). The IRC, along with its implementing regulations, Treasury Department directives, orders, and decisions, may contain information that is responsive to your request.
Enclosed with this notice, you will find Treasury Decision 2313, TD 8734, and corresponding legal citations for your review.
I have also included evidence of the law that is responsive to your request.
I want to assure you that I am in full compliance with all the necessary rules and regulations applicable to me.
However, I am not authorized to sign the W-4 form.
Please be advised that any further attempts to demand my signature on the W-4 form, without proper verification on your part, may be considered unlawful and potentially criminal in nature. I strongly recommend that you consult your legal counsel before making any further requests regarding my signature on this form. Therefore, I must deny your request.
Kindly update your records to reflect this change in my status accordingly.
If you believe that this is an error, please provide specific evidence of the law that supports your claim, specifically related to me (insert name).
Please govern yourselves accordingly.
Legal Citations:
T.D. 8734, page 5.
These final regulations pertain to the withholding of income tax under sections 1441, 1442, and 1443 of the Code, specifically regarding certain U.S. source income paid to foreign persons, related tax deposit and reporting requirements, and related requirements governing the collection, refunds, and credits of withheld amounts.
"26 USC § 3401 – Definitions
(a) Wages
For purposes of this chapter, the term 'wages' means all remuneration... for services performed by an employee for his employer...
(c) Employee
For purposes of this chapter, the term 'employee' includes an officer, employee, or elected official of the United States, a state, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing.
USCFR26§31.3401(c)-1 Employee.
(a) The term 'employee' includes every individual performing services if the relationship between him and the person for whom he performs such services is the legal relationship of employer and employee. The term includes officers and employees, whether elected or appointed, of the United States, a State, Territory, Puerto Rico, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing.
(c) Generally, physicians, lawyers, dentists, veterinarians, contractors, subcontractors, public stenographers, auctioneers, and others who follow an independent trade, business, or profession, in which they offer their services to the public, are not employees.
'Individual': The term 'alien individual' means an individual who is not a citizen or a national of the United States. 26CFR1.1441-1(c)(3)(i)."
“[Treasury Decision 3980, Vol. 29, January-December, 1927, pgs. 64 and 65]
Brigham v. U.S., 160 F.3d 759 (1st Cir. 1998)
According to T.D. 8734, a 'U.S. Person' refers to an American citizen or domestic entity that is involved in or serving as the intermediary, flow-through entity, or a financial pipeline through which U.S. source income flows to its foreign destination.
I do not authorize anyone to make legal determinations on my behalf.
You are hereby put on NOTICE that this document must be filed as a permanent part of my record. If such record(s) have been deleted or substituted, this notice/demand still applies.
For more information, please refer to the following public domain educational material. Sources:
1. IRS Publication:
https://www.irs.gov/pub/irs-irbs/irb97-44.pdf2. Educational Video:
https://rumble.com/v3v2umr-treasury-dept-says-payroll-withholding-is-only-for-foreigners-with-us-incom.htmlNotary Sample - Jurat
State of _______
County of ____________
BEFORE ME, the undersigned authority, on this day personally appeared (________________),
known to me (or introduced to me by __________________________) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND and seal of office this _______ day of ______________, day of (_______).
___________________________________
Notary Public, State of _______ (Signature)
