THE AFFIDAVIT OF REVOCATION AND RESCISSION -- by Gordon Phillips
December 22, 2001
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12-22-2001 A.L.E.R.T. (A.merica L.aw E.ducation R.ights & T.axation)

THE AFFIDAVIT OF REVOCATION AND RESCISSION -- by Gordon Phillips

Communications received from those new to the constitutional revival
movement --
and to the Save-A-Patriot Fellowship in particular -- often display
various
misunderstandings about the purpose of the Affidavit of Revocation and
Rescission which the Fellowship makes available for the use of its
members. The purpose of this essay is to explain the affidavit's use and
implementation.

In addition to other functions which will be covered below, the Affidavit
of Revocation and Rescission revokes the citizen/affiant's voluntary act
of having applied for a Social Security Number, or, if applied for on his
behalf by a parent or legal guardian, of having acquiesced over the course
of his life to the use of that number for a wide variety of private,
commercial, business, government and tax purposes.

A new correspondent recently asked 'Do I have to send in this affidavit in
order to stop using a SSN?' The short answer is: No. Since there is no
requirement for a citizen to apply for, obtain or use a SSN for any lawful
reason whatsoever, including for employment, obviously there can be no
'requirement' for the citizen to submit the affidavit in order to stop
using the number.

Another common question is : 'Once I have submitted the affidavit, can I
ever use my SSN again?' Again, the answer is: No. Once the citizen has
submitted the affidavit, he finds himself in the legal position of one who
never made application for a SSN in the first place, thereby severing all
ties to the use of a SSN under any circumstances.

The primary purpose of the affidavit is actually for criminal defense
purposes. Now, lest you, Dear Reader, should dismiss the likelihood of
your ever becoming ensnared in a criminal tax trial, think again. As Ayn
Rand explained in 'Atlas Shrugged', when enough laws have been passed,
everyone is eventually guilty of something at all times.

Have enough laws yet been passed in America to cloak everyone now
breathing with the likelihood of some type of unwitting criminal behavior?
What about with regard to tax issues? Have you read the entire Internal
Revenue Code recently? Then how would you know whether you've unwittingly
evaded entire CATEGORIES of taxes on past returns? Remember, ignorance of
the law is no excuse (unless, of course, you're above the law, like Bill
Clinton).

The affidavit has been perfected since first implemented by the
Save-A-Patriot Fellowship in 1984. In the early years, it would
occasionally receive misdirected and/or non-responsive 'responses' from
the Department of the Treasury or from various offices of the IRS,
claiming that it raised 'tax protester' issues or constitutional questions
which the government chose not to deal with.

Nothing could be further from the truth as even a cursory reading of the
document will reveal. To my knowledge, however, there have been no
responses or rebuttal from the IRS/Treasury in recent years to any
submission of the affidavit by a Fellowship member. How could there be
when it plainly speaks the truth?

A common misunderstanding is that you can 'revoke your SSN.' However, that
is incorrect. Revocation applies, not to the revoking of a thing, but of
an act. You can only revoke an act that you have personally committed, and
then only an act committed voluntarily. That is why you cannot revoke
'your' SSN. You can, however, revoke the act of applying for one.

You also cannot revoke an act committed by another person. The act
committed by the Social Security Administration is the assignment of a SSN
upon application. That's what they're supposed to do. You apply, and they
assign. Of course, as stated earlier, there is no requirement for you to
apply in the first place. They just don't tell you that. Shhh ... it's a
big secret.

Another reason why you cannot 'revoke your SSN' is that it's not yours to
revoke. The Social Security Administration has an inventory of one billion
SSN's (9 possible placeholders occupied by integers ranging from 0 to 9 =
10 to the 9th power). They assign a fresh one to each new applicant --
'your' very own serial number, thereby placing you in the same category as
concentration camp inmates. When you die, they retire 'your' number. The
sooner you die, the less benefits must be paid out, but planned population
reduction is a subject for a different essay.

Contrary to popular belief, SSN's are NOT automatically assigned to
newborns in hospitals. The parents grant their consent on signed release
paperwork authorizing the hospital to initiate the application process.
But there is no requirement to sign this paperwork. I explain this in
great detail in my audio cassette 'How To Have A Free Baby'. Since the
release of this tape, many dozens of American babies have escaped from as
many American hospitals as unenumerated and unregistered little citizens.

Obviously, applying for a SSN is a voluntary act. Were it otherwise, your
arm would have to be wrestled down to the table top and your signature
forcible extracted from you (which would of course be no signature at
all). Seen in that light, everything you have ever signed your entire life
is, and can only be, voluntary. Make a mental list sometime and think
about it.

A voluntary act such as the aforementioned application for a SSN can be
revoked if the circumstances surrounding the application process were
tainted by fraud, as will be explained below. There is never a statute of
limitation on fraud.

Rescission pertains to signatures. To rescind is to withdraw one's
signature, thereby rendering it a legal nullity -- i.e. as if never
executed in the first place. The affidavit rescinds one's signature from
the following:

(1) From SSA Form SS-5 'Application For Social Security Account Number';
(2) From past forms W-4, 'Employee's Withholding Allowance Certificate';
(3) From all past 1040 forms; (4) From all other IRS tax returns ever
filed by the citizen/affiant which were not required by written law to
have been filed in the first place.

The affidavit also invokes Title 5 of the United States Code at section
556(d), which states that the proponent of a rule or order has the burden
of proof. The affidavit challenges the Secretary of the Treasury's
jurisdiction on the basis of constructive fraud, one of many legally
defined types of fraud in which the citizen/affiant is not claiming that a
particular individual or individuals defrauded him, but rather that, based
upon concealment, misinformation, disinformation, and misrepresentation of
the truth and the facts, he was led to believe by the government that
certain legal requirements existed to file certain returns and to pay
certain taxes, when in fact they did not.

Of course no red blooded, made-in-America citizen alive today with, as of
September 11th, an American flag (made in China) freshly rippling from his
car antenna (made in Japan) can possibly imagine the government doing such
a dastardly and immoral thing as to willfully and serially commit hundreds
of millions of individual acts of constructive tax fraud, perpetrated over
a period of many decades, by deliberately leading generations of innocent
citizens into believing total falsehoods about their tax liabilities and
requirements.

That would be unthinkable. Which is why U.S. attorneys (made in law
school) don't want jurors being exposed to this affidavit. Jurors can get
funny ideas in their heads when they learn the truth.

The affidavit is approximately eight pages long and written in clear,
expository English so as to be readily understood (in the worst case
scenario) by twelve possibly 'dumbed-down' citizen/jurors, all educated by
the same government that first allowed them to graduate from high school
with a sixth grade education, and has now impaneled them to decide your
fate as an indicted 'tax protester'.

For a truly frightening experience, stick your head out the front door and
look six houses in either direction. Imagine one adult from each household
sitting on your jury. Now try to envision their individual understanding
of the Constitution, jury nullification, the rights of man, etc. Imagine
the deeply entrenched mind set you would have to overcome in those twelve
brains. Frightening, isn't it? Wouldn't YOU like to be as well prepared as
possible for this eventuality?

In examining its construction, the affidavit is seen to be notably absent
all traces of Latin, Greek, Middle English, complex parallel sentence
structure, deeply nested subordinate clauses, wild theories, untested
arguments, patriot mythology, subliminal suggestions, dangling modifiers
or legalese mumbo jumbo supposedly designed to dazzle a juror with its
brilliance.

I only mention this since many such artifices are still employed today by
a variety of Internet gurus in their affidavits and other paperwork, the
theory apparently being that the more complex and abstruse the writing
style, the more impressed will the juror be. In fact the precise opposite
occurs when the juror be thinkin' that the wool be bein' pulled over his
eyes.

The affidavit is sent to the Secretary of the Treasury, certified mail
return receipt requested, on three separate occasions over a period
spanning 180 days.

MAILING #1 -- The first mailing of the affidavit is accompanied by a cover
letter to the Secretary, instructing him to take notice thereof and to
forward a copy to other agencies as may be necessary. We know that a copy
is forwarded to the Social Security Administration. When the certified
'green card' (return receipt) comes back from the post office signed by
the Treasury, it serves as prima facie evidence that the Secretary or one
of his delegates did actually receive and take notice of it.

MAILING #2 -- After 90 days the member sends the affidavit a second time
with a new cover letter giving the Secretary an additional 60 days to
respond. This second affidavit is also sent certified mail return receipt
requested. The second signed green card comes back from the post office.

MAILING #3 -- A third and final copy of the affidavit is sent to the
Secretary via certified mail with yet another cover letter, giving him a
final 30 days to respond. Again, a third green card comes back, serving as
proof that a third attempt was made by the citizen/affiant to communicate
in good faith about the issues raised therein.

Because, as stated earlier, there is no longer any response to the
affidavit from the Secretary, misdirected or otherwise, over the above
entire 180-day period, it would be clear to even the most educationally
challenged juror that the citizen/affiant/defendant who went to such
extraordinary lengths to communicate his understanding of the law to the
highest executive branch tax official in America, yet received no response
or rebuttal, had therefore exhausted every possibility in establishing his
lack of willfulness -- that he was in fact a sincere and reasonable person
who, rather than hiding and hoping that he would never hear from the
Secretary, was in effect 'leading with his chin', saying 'come out, come
out, wherever you are!'

It is a long-established principle of American jurisprudence under the
Rule of Presumption that an unrebutted allegation stands as true and
correct, until and unless rebutted on point. That is the reason why all
IRS correspondence must be responded to in a timely manner, lest the
presumption hold that the person addressed as 'Dear Taxpayer' is in fact a
legally defined 'taxpayer' possessing a legal requirement to file and pay.

Failure on the Secretary's part to respond to the affidavit over three
separate mailings spanning a period of six months establishes reasonable
belief that the government in fact has no rebuttal. Therefore, the
allegations and claims made by the citizen/affiant stand as true and
correct, thereby creating a reversal of presumption that he ever was a
'taxpayer'.

The only way the Secretary of the Treasury could re-establish jurisdiction
over the citizen/affiant would be to reply via rebuttal affidavit,
addressing specifically point-by-point the issues raised in the Affidavit
of Revocation and Rescission. But the government is never going to do
this. No way, José. The question becomes: If the government couldn't (or
wouldn't) answer before, does it want to answer now, in court, under oath,
with the jury considering every word, every paragraph, every page?
Remember, a longer trial favors the defendant.

Simply understood, the affidavit becomes just another piece of admissible
exculpatory evidence -- part of an evidentiary foundation illustrating the
defendant's good faith belief that he did not with premeditated criminal
intent commit the crime of 'willful failure' to file a particular tax
return or to evade a particular tax.

In this sense it can accurately be said that, while the affidavit is
addressed to the Secretary of the Treasury, it is in fact WRITTEN to the
twelve potential jurors, good and true, who may one day be called upon to
judge the citizen/affiant's sincerity (lack of 'willfulness'). The same
jurors who were educated by the government as mentioned earlier and have
now been carefully selected to favor conviction. Are you beginning to
understand?

Please note that the affidavit has no bearing whatsoever on civil matters.
Just as there are two sides to a fence, there are two sides to the law:
CIVIL and CRIMINAL.

CIVIL - All IRS audit, deficiency, lien, levy and seizure notices are
civil in nature, even if the agency's behavior is often far from civil
(sorry). All IRS claims of taxes due and owing are likewise civil. Civil
applies to money and property. This is all of your 'stuff'.

For a light overview of this subject, consult comedian George Carlin's
hilarious routine. Or listen to the 2001 Diamond Rio country music
recording titled 'Stuff'. The chorus goes: 'Stuff, stuff. Stack it on,
stack it on up. Never gonna' ever get enough. Oh, oh, it's mine and it
ain't worth a dime. Stuff, stuff, spreadin' like weeds. Draggin' me under
in an endless sea of stuff, stuff. Oh there ain't no end. Gotta' get a
bigger place so I can move in. More stuff.' You get the idea. Great tune.

Bear in mind that neither the Affidavit of Revocation and Rescission nor
any other correspondence sent to the IRS can be absolutely depended upon
to stop the unlawful plunder of private property by IRS agents and
officials bent on revenue enhancement. Remember: THE GOVERNMENT NEEDS THE
MONEY.

There is no perfect punctuation or magical grammar in existence -- in this
affidavit or any other document that man could write -- that will stop an
IRS agent eager to attain his weekly plunder performance bonus so he can
pay down his VISA card from levying on a bank account or wages, seizing
property, demanding books and records, and so forth. Remember: HE NEEDS
THE MONEY.

However, collections matters are happily moot and of no concern to one who
owns nothing titled in his own name. Blood floweth neither from stone nor
turnip, nor can collections be obtained from the penniless. Two examples
of unfortunate legal pauperism would be a homeless person sleeping over a
warm grating, or a Rockefeller sleeping in a warm mansion. Neither owns
anything.

CRIMINAL - Criminal applies to charges resulting from a criminal
investigation leading to a Grand Jury indictment or U.S. information, then
arraignment, then trial. While the filing of a return is a civil matter,
signing under penalty of perjury provides testimony which can then be used
to launch a criminal investigation.

As has been stated here many times, because conviction for 'willful
failure to file' is a misdemeanor while conviction for 'tax evasion',
fraud, etc., is a felony offense that can only stem from the filing of a
signed return, signing and filing can readily be seen by any discerning
individual to be far more dangerous than not filing anything.

That last sentence should, of course, not be construed as legal advice. No
indeed. Not under any conditions imaginable. It is merely an observation
that those who do sign and file under penalty of perjury(*) often thereby
place themselves in the DIRECT PATH OF FAR GREATER HARM THAN THOSE WHO
FILE NOTHING. But, please, don't infer anything from that offhand comment.

(* all returns must be filed with a jurat clause -- i.e., under penalty of
perjury, making the 'filing a statement vs. a return' wild theory just
that. The truth is that you could file a return on a grocery bag if signed
under penalty of perjury)

The government's contentions in all criminal tax trials are three-fold:

(1) That the defendant had in the past filed tax returns and then suddenly
stopped. The U.S. attorney will have blown up to poster size and placed on
a rolling easel before the jury photocopies of the defendant's past filed
tax returns, allegedly 'proving' that at one point in time the defendant
was 'one of us', and now is non-fair-share-paying, deadbeat, no-good tax
cheat, thereby throwing the burden of payment onto the backs of the poor
jurors and their hard- working family members. This typical play of 'class
envy' accompanies all such tax trials. It's the standard 'dog and pony'
show. Of course, anyone who has stopped filing would gladly raise his
right hand, swear to the fact, and save the government the cost of a
trial.

But, then again, the trial isn't about honesty, economy and the righteous
administration of justice in the first place. IT'S ALL ABOUT THE MONEY.
The true purpose of the trial is widespread media exposure to pillory the
victim and panic the lemmings into filing, the law be damned.

(2) That the defendant had income. Although Congress has assiduously
avoided defining 'income' at all costs, the fact is that the U.S. Supreme
Court has affirmed on numerous occasions that 'income' is a corporate gain
or profit severed from capital, and not 'everything that comes in' as the
IRS would have everyone believe.

Of course most Americans who think 'I'm an honest person with nothing to
hide, so why should I be concerned about privacy?', conduct their personal
and financial affairs as if living in the proverbial 'glass house' -- with
the curtains flung wide open and their pants down around their ankles,
routinely exposing their most private affairs for all the world to see.
Why not? They're honest Americans with nothing to hide.

Like Hansel and Gretel leaving a trail of crumbs out of the forest, they
generate a long paper trail of cancelled bank checks, cash receipts,
credit card statements, W-2s filed by employers on wages, 1099s received
from third parties and so forth. This trail of crumbs will be easy for
even the most skilled IRS agent to follow.

This behavior makes it an easy matter for the IRS to compile a composite
computer-assisted profile of the individual's entire financial past,
usually accomplished in five minutes flat from a computer terminal, while
enjoying a coffee and a donut. Therefore, it would be foolish for the
defendant to inform the court that he had earned nothing on which to live,
regardless of the definition of 'income' as defined within the law.

(3) That the defendant acted 'willfully', meaning with clear, criminal,
pre- meditated intent. In other words, so the government argues, the
defendant knew there was a requirement to file a return, yet he willfully
decided not to, with premeditated intent to shirk a known legal duty.

However, the burden of proof here is on the government, not on the
defendant. In order to convict, the jury must decide that the defendant
knew what he was doing and acted willfully. The defendant's defense
consists of all documents, paperwork, letters, correspondence, etc., which
had been generated in the past and sent to the IRS, and which therefore
could be brought forth into the trial as material evidence to show the
jury beyond any reasonable doubt that the defendant had in fact acted with
a clear conscience and did not knowingly violate any legal requirements
under the written law.

The Affidavit of Revocation and Rescission is instrumental in showing the
defendant's sincerity, understanding of the law and good faith intent. It
serves two primary purposes.

PURPOSE #1 -- It puts the Secretary of the Treasury (whose authority is
delegated down to the Commissioner of Internal Revenue) on notice of the
understanding of the citizen/affiant living and working within the 50
States of the Union, even if only recently acquired, as to his actual
legal duties and requirements under the written law.

For example, one of the opening paragraphs addresses the FACT that the tax
imposed by Congress under the Internal Revenue Code at section 1 is a tax
on the taxable income of some unspecified 'individual' who, upon further
examination into the tax regulations, is discovered to be one with certain
qualified FOREIGN sources of income only. Whoops.

PURPOSE #2 -- It also reverses the burden of proof and shifts the
presumption back to the government. You see, the citizen who has studied
the law and, as a result of his new understanding, decides to stop filing
tax returns, is presumed by the IRS to be a 'taxpayer' (a one-word legally
defined term). The non-filing is deemed by the government to be an error
of OMISSION rather than one of COMMISSION.

In other words, if the citizen/affiant has been filing tax returns for
many years and suddenly, based on his new understanding of the law and the
realization that he is not required to file after all, in fact STOPS
filing, the IRS computer will continue to expect the return to be filed
because the presumption has been created, through prior filings, that the
IRS has jurisdiction over the 'taxpayer' who then, presumably, has a
requirement to continue filing, ad infinitum, until death.

This is the very reason why the IRS mails a return to those who filed the
previous year. Stop filing, and they stop mailing you future returns,
thereby sparing innocent trees.

The affidavit has already been instrumental in gaining a jury acquittal on
charges of willful failure to file or tax evasion by more than one member
of the Save-A-Patriot Fellowship. Fellowship member, Donald Paul, of
Kentucky was acquitted in 1995 of willful failure to file a tax return as
featured prominently on the front page of a past issue of 'Reasonable
Action', the Fellowship's members-only newsletter.

During Mr. Paul's trial, the increasingly agitated U.S. attorney waved the
affidavit around the court room, claiming it was a dangerous,
anti-government screed. Of course, nothing could be further from the
truth. It's actually a very nice letter to the Secretary. The jury
requested that copies be brought in to the deliberation room, AND THEY
READ IT. Whoops! They promptly acquitted Mr. Paul, after which several
jurors inquired about the Fellowship. The government hates it when that
happens.

Other past issues of 'Reasonable Action' have dealt with the government's
reluctance to challenge the affidavit in court. For example, one
Fellowship member was offered a plea bargain by the U.S. attorney at the
'eleventh hour' just before trial if the member would recant the affidavit
and denounce the Fellowship. The member refused to do so and the
government dropped the charges. Had the member 'knuckled under', he would
have set a precedent in 'case law', effectively neutralizing the
affidavit's future use by other members in similar circumstances. Please
drop to your knees and ask God's blessings for these unsung anonymous
heroes, every one.

Suffice it to say that the best and brightest within the employ of the
federal government may be reluctant to go into court and debate in great
detail before a jury, paragraph by paragraph, point by salient point, the
type of cogent and potentially embarrassing FACTS laid out in this
affidavit.

This is not to say, however, that the affidavit is a 'Silver Bullet', that
the mere mailing of it to the Treasury guarantees that the IRS will never
mount a civil or criminal attack against the citizen/affiant if they
really want you badly enough, or that its use invokes a magic cloak of
immunity, invincibility or protection. Security like this exists only in
Disney movies, not in the real world when your own government is a
scofflaw that NEEDS THE MONEY.

Since the Save-A-Patriot Fellowship is a closed, First Amendment
association which exists for the mutual aid, assistance, support and
education of its members, the affidavit is made available to members only
lest the argument be raised that the Fellowship is providing legal advice
and services for the general public without a license.

The reason the affidavit is not made available for downloading or
reprinting from the Fellowship's and Independent Representative web sites
is that there are no doubt many individuals who, afflicted with 'bumper
sticker' thinking and prone to patriot mythology, would simply photocopy,
sign and send it in, believing they had thereby 'untaxed' or otherwise
'freed themselves' from the income tax and the IRS, not having the
faintest glimmer of a clue as to what they were doing, nor any ability to
intelligently discuss the principles raised within the affidavit, or to
argue it in a court of law should that every prove necessary.

Although the Fellowship prepares this document for its members, it is the
member's own individual personal responsibility to understand and argue it
should the time and circumstances ever require such.

It may not be a bad idea for the individual who has already stopped
filing, or plans to stop, to submit the affidavit (assuming, of course,
that he understands its lawful use and sincerely believes in the validity
of its implementation) given the existence of four very important and
politically pervasive financial factors:

(1) The government needs the money;
(2) The government will always need more money in the future;
(3) The government needs everyone to send in their money;
(4) The government cannot afford (literally) to have past cheerful donors
learn the truth.

To take advantage of the affidavit and other correspondence and paperwork
provided by the Save-A-Patriot Fellowship's casework and paralegal
departments under power of attorney, one would need to be a member of the
Fellowship. This is not a solicitation or enticement to membership, but
merely to inform the reader that the Fellowship provides these services
for members only.

For further information, visit the home page at
http://www.informamerica.com and follow the links to the download page.
There you will find several FREE REPORTS as well as a ZIP file titled
'SAPF Toolkit' containing a plethora of information about the purpose,
mission, history and benefits of membership in the Save-A-Patriot
Fellowship. Those with questions about membership are welcome to e-mail me
at gordon@informamerica.com.

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FREEDOM RESOURCES FOR THE FREEDOM MINDED
· The Liberty Dollar - 'Real Money' at http://www.NORFED.org
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· Financial Freedom Thru No-Risk Realty at http://www.RealtyFreedom.com

THE 'THREE RULES'
The principled American who decides to exercise his or her rights in the
face of a government that ignores the Constitution and due process needs
to pay careful heed to the following THREE RULES, and in this exact order:


· RULE #1 -- Protect Property
· RULE #2 -- Get Educated
· RULE #3 -- Take Action? (see rules 1 and 2)

Regrettably, many unwisely reverse this order of events. Their eyes become
open to the truth and, in their frustration or outrage, they may stop
filing tax returns as 1 in 5 Americans already have, by the IRS' own
admission.

They have already taken action (RULE #3), yet they remain largely
uninformed as to our nation's written tax laws (RULE #2). And their
property and income streams are still fully exposed to plunder (lien, levy
and seizure) and/or opportunistic/predatory lawsuits (RULE #1). The
result: they have just shot themselves in one or both feet.

Savvy Americans who are serious about applying the advantages of
real-world asset protection complete RULE #1 before all else. As a bonus,
their estate will never be probated nor will their children's inheritance
one day be shrunk due to misapplication of federal estate and inheritance
tax law.

The bottom line: too many procrastinate and later regret that RULE #1 was
not their primary order of business. Don't let this happen to you. Feel
free to ask us for a referral to a reliable and knowledgeable asset
protection provider.

Yours For Liberty In Our Lifetime,

Gordon Phillips
· Founder & CIO: INFORM AMERICA!
· Nat'l Representative: Save-A-Patriot Fellowship
· National Spokesperson: American Contractor Services

P.S. Living life in a fishbowl? Or in the Private Arena? Visit
http://www.privatearena.com and get your FREE REPORT.

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· Nothing published by INFORM AMERICA! is to be construed as legal or tax
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services of a licensed attorney, CPA or other tax or legal professional
who is fully versed in the Federalist Papers, the Anti-Federalist Papers,
Madison's Notes, Elliot's Debates, the Constitution, the Bill of Rights,
the Internal Revenue Code and the tax regulations. This may be a
protracted search.

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