NoSSN - Dispelling The UCC False Argument

Dispelling The UCC False Argument
June 22, 1999

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»»» T H E · I N F O R M E D · A M E R I C A N «««
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A.L.E.R.T. No. 1999-06-22 -- "Dispelling The UCC False Argument"
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All Rights Reserved · Common Law Copyright by: INFORM AMERICA!
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Published pursuant to The First Amendment by Gordon M. Phillips
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Today's ALERT (* America, Law, Education, Rights, Taxation) focuses on a
question received via e-mail by a visitor who registered in the Guest Book at
our web site (name redacted to protect the privacy of the writer). Join us this
and each Tuesday evening at 10:00PM eastern time on our weekly LIVE telephone
conference call (details below) covering this and other timely issues of
importance to all Americans. UNSUBSCRIBE instructions appear at the end of this
ALERT. Today's topic:

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DISPELLING THE UCC FALSE ARGUMENT -
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QUESTION - "On a radio show I heard a man talking about the Uniform Commercial
Code, that it was codified in all 50 states. Has the Save-A-Patriot Fellowship
ever used the U.C.C. to assert their natural (but perhaps not civil) rights? You
see, I cannot fathom how the U.C.C. comes into play and I suspect that this is
another patriot myth."

ANSWER - The "UCC argument" is indeed an entrenched part of the Vast Patriot
Mythology. Like Halley's Comet, it comes back every few years with some new
guru's name attached to it. We hold it in the same light as Elvis sightings and
the "if you use a ZIP code you are a nonresident alien of D.C. and therefore
don't owe the income tax" type of wild theory as advanced by Lynn Meredith
("Vultures In Eagles' Clothing") and others.

Proponents of this specious argument claim that the proper way to challenge an
IRS assessment or notice of deficiency is to "dishonor the presentment" as if it
were a commercial claim or "bill", quoting various sections of the UCC in the
process.

The IRS has no authority to assess an income tax on the taxable income of a
citizen with exclusively domestic sources of income unless he volunteers to
assess himself. The IRS refers to such generosity as "voluntary compliance", and
rightly so.

The IRS' sole assessment authority lies in code section 6201 and applies to
STAMP taxes (i.e., the excise stamp displayed on a bottle of alcohol or pack of
cigarettes, evidence of the payment of the manufacturer's excise tax).

The IRS sole authority to determine a deficiency within a filed return lies in
code sections 6211 and 6212 which notably omit the inclusion of subtitle C,
employment (social security) tax - the only tax most Americans have ever paid.

The Form 1040 is not a commercial contract, rather it is an affidavit, executed
(signed) under penalty of perjury.

As for natural rights ("unalienable", as Jefferson called them) all rights come
directly from God (the only right actually conveyed by the Consitution is the
right to a jury trial), therefore how could one possibly use man's law
(statutes, regulations, etc.) to assert and defend them?

Natural rights are asserted in one way only: by living as a FREE man or FREE
woman under God's law. If you want to BE free, you have to LIVE free. Period,
the end. No one, including the legislature, can assert your natural rights for
you.

The UCC is uniform code of state statutes pertaining to commercial transactions
and property. However, consider the following facts:

FACT: The federal government has no jurisdiction with regard to property within
the (now 50) states of the union.

FACT: All law with regard to property is state law.

FACT: Ergo, there is no federal property law.

FACT: The government's only lawful jurisdiction within the union states is with
regard to postal roads and interstate commerce.

Wherefore, the UCC has no bearing on Title 26, Internal Revenue Code. The only
connection between the UCC and taxation is at the state level where liens (on
property) must be recorded according to procedures enacted by the several state
legislatures.

The case workers and paralegals at the Save-A-Patriot Fellowship have no need to
delve into speculative theory in order to preserve the administrative due
process of our members. The law AS ACTUALLY WRITTEN is all we need.

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A Message From Gordon To Friends Of INFORM AMERICA! -
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This and future "INFORMED AMERICAN" A.L.E.R.T.'s will be archived at
http://www.informamerica.com/alerts.html and sorted by both date and topic for
your convenience.

Each week, our office receives a torrent of questions from fellow Americans
struggling to get to the truth about their lawful duties and obligations with
regard to the paying of income and employment tax, to tax withholding, to the
requirement to file returns, to the use of the SSN and EIN, and far more.

While no one, including us, has all the answers, our particular area of
expertise lies in our understanding of the limited application of those taxing
clauses in the Constitution which pertain to lawful taxation, and the statutes
and regulations written pursuant thereto. For without a proper understanding of
the constitutional protections afforded private property, or as Jefferson
referred to it, "the Pursuit of Happiness", it is impossible to begin to
understand Liberty itself.

Please note: We are not licensed attorneys and cannot - and will not - offer tax
or financial advice. We can, however, share what we and thousands of our fellow
members of the Save-A-Patriot Fellowship and other fellow travelers have
discovered about the written tax laws.

Our mandate here at INFORM AMERICA! has, from day one, been to help educate our
fellow Americans about their rights and liberties. To expedite that process, our
staff takes the opportunity to share with those on this mailing list the answers
to some of the best questions we receive each week.

If you have a question you'd like answered, please forward to it me at the
e-mail address below and I or my staff will do our best to handle it. Special
attention will be given to those questions with the greatest general interest to
all.

You are on this e-mail distribution list either because A) you asked to be, B) a
friend volunteered your e-mail address, or C) you registered in the Guest Book
at our web site at http://www.informamerica.com. If you wish to have others
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gordon@informamerica.com and enter "ADD ME TO YOUR LIST" in the Subject area.

To be removed from this list at any time, simply hit "Reply" and type "REMOVE"
in the Subject area. We won't be offended! After years of dealing with the IRS
every day, we have become immune to being offended.

Yours For Liberty In Our Lifetime,

Gordon Phillips,
Founder and President: INFORM AMERICA!
Nat'l Representative: Save-A-Patriot Fellowship

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WEEKLY TELEPHONE CONFERENCE CALL
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* All topics discussed pertain to constitutionally protected rights and lawful
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WEBSITES
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http://www.informamerica.com -- "The Truth BEHIND The Income Tax"
http://www.save-a-patriot.org -- "Where Liberty Comes First"
http://www.taxfreedom101.com -- "It Pays To Discover The Truth"
http://www.libertymall.com -- "Where Free People Shop!"

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THEY TOLD THE TRUTH!
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"Those who profess to favor freedom, and yet depreciate agitation, are men who
want crops without plowing up the ground. They want rain without thunder and
lightning. They want the ocean without the awful roar of its waters. This
struggle may be a moral one; or it may be a physical one; or it may be both
moral and physical; but it must be a struggle! Power concedes nothing without a
demand. It never did, and it never will. Find out just what people will submit
to, and you have found out the exact amount of injustice and wrong which will be
imposed upon them; and these will continue until they are resisted with either
words or blows, or with both. The limits of tyrants are prescribed by the
endurance of those whom they oppress." -- Frederick Douglass, August 4, 1857.

"The Constitution shall never be construed... to prevent the people of the United States who are peaceable citizens from keeping their own arms."

- Samuel Adams

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