IF UNDERSTOOD-THIS GELDS THE IRS... THE LEGAL DEFINITION OF EMPLOYMENT DE-CODING THE TAXING AUTHORITY OF THE FEDERAL GOVERNMENT; taken from the CODE OF FEDERAL REGULATIONS (CFR) and Title 26 *** Note – The CFR is worded differently than Title 26 The CFR IS THE LAW- TITLE 26 IS THE INTERNAL REVENUE SERVICE “INTERPRETATION” – THEY ARE NOT THE SAME ! THIS IS THE WAY THE IRS AND TITLE 26 PRESENTS THE “LAW”: Title 26 › Subtitle C › Chapter 21 › Subchapter C › § 3121(b) (b) Employment For purposes of this chapter, the term “employment” means any service, of whatever nature, performed (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee for an American employer (as defined in subsection (h)), or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under section 233 of the Social Security Act; except that such term shall not include— [This “agreement” according to the Social Security Administration is voluntary; if you choose not to ‘contribute’ to your account it simply is not entered] ...AND THIS IS FROM THE CODE OF FEDERAL REGULATIONS AS PASSED BY CONGRESS: § 31.3121(b)-3 Employment; services performed after 1954 (a) In general. Whether services performed after 1954 constitute employment is determined in accordance with the provisions of section 3121(b). (b) Services performed within the United States. Services performed after 1954 within the United States (see §31.3121(e)–1) by an employee for his employer, unless specifically excepted by section 3121(b), constitute employment. With respect to services performed within the United States, the place where the contract of service is entered into is immaterial. The citizenship or residence of the employee or of the employer also is immaterial except to the extent provided in any specific exception from employment. Thus, the employee and the employer may be citizens and residents of a foreign country and the contract of service may be entered into in a foreign country, and yet, if the employee under such contract performs services within the United States, there may be to that extent employment. (c) Services performed outside the United States — (1) In general. Except as provided in paragraphs (c)(2) and (3) of this section, services performed outside the United States (see §31.3121(e)–1) DO NOT CONSTITUTE EMPLOYMENT. ¶SECTION 31.3121(b)-3 AT (b) TELLS US THAT §31.3121(e)-1 DECIDES WHETHER WE HAVE PERFORMED SERVICES SUBJECT TO FICA TAXES Section 31.3121(b)-1 at (c) tells us §31.3121 (e)-1 decides whether or not we have performed service subject to FICA taxes *** § 31.3121(e)-1 State, United States, and citizen. (a) When used in the regulations in this subpart, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Territories of Alaska and Hawaii before their admission as States, and (when used with respect to services performed after 1960) Guam and American Samoa. (b) When used in the regulations in this subpart, the term “United States”, when used in a geographical sense, means the several states (including the Territories of Alaska and Hawaii before their admission as States), the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. When used in the regulations in this subpart with respect to services performed after 1960, the term “United States” also includes Guam and American Samoa when the term is used in a geographical sense. The term “citizen of the United States” includes a citizen of the Commonwealth of Puerto Rico or the Virgin Islands, and, effective January 1, 1961, a citizen of Guam or American Samoa. [T.D. 6744, 29 FR 8314, July 2, 1964] Uniform Commercial Code §9-307 (h) “The United States is located in the District of Columbia” LEGALLY AND CONSTITUTIONALLY THE FICA TAXES AND “INCOME” TAXES ARE ONLY APPLICABLE IN THE LIMITED AREA AND POSSESSIONS OF THE UNITED STATES –NOT IN THE 50 STATES—SERVICES PERFORMED IN THE ONE OF THE 50 STATES ARE OUTSIDE THE CONSTITUTIONAL TAXING AUTHORITY OF CONGRESS YOU WILL NOTICE- ALASKA AND HAWAII WERE EXCLUDED FROM THE REGULATIONS WHEN THE BECAME STATES OF THE UNION- SO WERE THE OTHER 48 ...THIS EXEMPTION MANDATORY FOR CONGRESS IN ORDER TO COMPLY WITH THE CONSTITUTIONAL LIMITATIONS ON TAXATION...WE THE PEOPLE HAVE BEEN DUPED, LIED TO, CUNNINGLY COERCE...OH WHAT HELL- WE HAVE BEEN SCREW....WAKE UP ...they are the equivalent of the SS
Posted on: Tue, 11 Nov 2014 15:51:53 +0000
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