14th Amendment. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. Since slaves are persons, could this be read all slaves born or naturalized . . .? A U.S. citizens name is spelled in all caps. A name spelled in all caps indicates a corporation or a corporate citizen (property). Does the company you work for claim to be the United States or an agency thereof? Then, if he is NOT the United States, you are not an employee and you did NOT receive wages, as defined. And if you did not receive wages, then you are not subject to withholding. Isnt that simple! Give your employer a copy of this chapter and let him decide if he is the United States, or an agency thereof. If he thinks he is not, then he has no obligation to withhold taxes from your paycheck! Withholding only applies to government employers. Is your employer a government employer? Where is the statute that authorizes withholding? IRC Sec. 3402. Income tax collected at source. (a) Requirement of withholding. (1) In general. Except as otherwise provided in this section, every employer making payment of wages shall deduct and withhold upon said wages a tax determined in accordance with tables or computational procedures prescribed by the Secretary. As you can see, withholding only applies to government employers making payments of wages. The IRC defined employer for us: a government employer who has employees (officers, employees and elected officials of the United States). So if you ARE a government employee, you are required to furnish a W-4 exemption certificate, indicating how much public salary tax you want withheld.
Posted on: Thu, 17 Apr 2014 20:58:45 +0000
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