U.S. Attorneys’ AFFIDAVITS: IRS is NOT a U.S. government Agency

United States Government Attorneys CONFIRM in sworn affidavits that the Internal Revenue Service (IRS) is NOT an agency of United States Government.

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  “The real truth of the matter is, as you and I know, that a financial element in the large centers has owned the government of the U.S. since the days of Andrew Jackson.” —  Franklin D. Roosevelt, U.S. President, in a letter written Nov. 21, 1933 to Colonel E. Mandell House.

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 Source: http://www.usavsus.info/IRSnotAgencyOfUS.htm

The following images are scanned copies of pleadings (affidavits certified by NARA) wherein a United States Attorney and a United States Department of Justice Trial Attorney, Tax Division, deny that Internal Revenue Service is an agency of the United States Government.

See specifically page 2 of pleadings, item no. 4.

The allegation by Diversified Metal Products, Inc., Plaintiff, for item number 4 reads as follows:

“Defendant Internal Revenue Service (IRS) is an agency of the United States government which has presented to Plaintiff a lien against monies to which Defendant Steve Morgan, or presumably [sic] Defendant T-Bow Company Trust for him, may be entitled.” 

 1.)  United States Government Attorneys’ AFFADAVITS  stating that the Internal Revenue Service (IRS) is NOT an agency of United States Government.

Source: http://www.usavsus.info/IRSnotAgencyOfUS.htm

The following images are scanned copies of pleadings (certified by NARA) wherein a United States Attorney and a United States Department of Justice Trial Attorney, Tax Division, deny that Internal Revenue Service is an agency of the United States Government.

See specifically page 2 of pleadings, item no. 4.

The allegation by Diversified Metal Products, Inc., Plaintiff, for item number 4 reads as follows: (See specifically page 2 of pleadings, item no. 4.)

     “Defendant Internal Revenue Service (IRS) is an agency of the United States government
       which has presented to Plaintiff a lien against monies to which Defendant Steve Morgan,
       or presumably [sic] Defendant T-Bow Company Trust for him, may be entitled.” 

AND

 2.)  United States Government Attorneys DENY that Internal Revenue Service is an agency of the United States Government. (page 2 of pleadings, item no. 4.)

 Source: http://nontaxpayer.net/irsnara0.html

The following images are scanned copies of pleadings (certified by NARA) wherein a United States Attorney and a United States Department of Justice Trial Attorney, Tax Division, DENY that Internal Revenue Service is an agency of the United States Government.

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A Comment

The United States Government was created by the Constitution to conduct certain affairs of the People of the several States.  To conduct these affairs, Congress created various offices, departments, and agencies pursuant to its constitutional authority at Article 1 § 8(18).  Where the laying and collecting of Article 1 § 8 taxes were concerned, Congress created the Treasury Department with various offices with one of those offices being collector of internal revenue.  Collectors were officers of the United States, who were appointed by the President with the advice and consent of the Senate.  One collector was to be appointed to each internal revenue district, which was designated by the President.  The office of collector of internal revenue was a public office.  Collectors exercised the sovereign authority of the United States in the enforcement of the internal revenue laws and the collection of taxes.  They could sue or be sued in the name of the United States.  In order for Congress to collect taxes pursuant to Article 1 § 8, collectors of internal revenue are required within internal revenue districts within the several States.  All collectors of internal revenue were fired by the President in 1952 and their duties were assigned to personnel with the Bureau of Internal Revenue.  The details of these actions are set out in Reorganization Plan No. 1 of 1952.

What few Americans know or understand is that Congress has an implied constitutional authority to lay and collect taxes that has nothing to do with Article 1 § 8(1).  That constitutional authority is Article 4 § 3(2).

Congress exercises its legislative jurisdiction over large areas of land (federal territories – a “territory”) within the United States (Washington, D.C., various military installations, State land ceded as parks, Post Offices, federal buildings, etc. which the various States have been expressly permanently ceded to the United States government and also over a number insular possessions, e.g., Puerto Rico, Guam, Virgin Islands, etc.  – collectively called the “Federal Zone”.

In short, the “Federal Zone” ONLY  is called the “United States” (a municipal corporation); and  Congress can legislate “federal statutes” solely for the “Federal Zone” – called the “United States”) , which includes ONLY  Washington, D.C., various military installations, State land ceded as parks, Post Offices, federal buildings, etc. which the various States have been expressly permanently ceded to the United States (the municipal corporation); plus insular possessions, e.g., Puerto Rico, Guam, Virgin Islands, etc.  —  NOT the various States or the people in those States which, as sovereigns in relation to the United States, exercise “exclusive jurisdiction over themselves their own States. Therefore, the statutes (acts or “laws”) enacted by Congress apply ONLY to the “Federal Zone” called the “United States” –  NOT to the sovereign people within the various States or to the sovereign States themselves.

Within these areas, Congress can act in the capacity of a state legislature as well as a national legislature.  Congress can lay and collect taxes within these areas under its legislative jurisdiction just as States do in areas under their legislative jurisdictions.  Taxes laid pursuant to Article 4 § 3(2) are not required to be collected pursuant to the demands of Article 1 § 8(18).  Congress is not required to use collectors of internal revenue for those taxes.  As a matter of fact, Congress can use any organization it desires to collect taxes laid pursuant to its constitutional authority at Article 4 § 3(2).  The Bureau of Internal Revenue/Internal Revenue Service was never created by Congress.  Congress empowered the Secretary of the Treasury to collect taxes laid pursuant to Article 4 § 3(2) and the Secretary created the BIR/IRS.  The Secretary of the Treasury can even use private collection agencies to collect internal revenue taxes laid pursuant to Article 4 § 3(2) if he so chooses.  The Constitution empowers Congress to make all needful rules and regulations for its territory (the “Federal Zone”) and other property and is otherwise silent as to how Congress conducts its business within these areas.  The Internal Revenue Service has been defined by statute to be a Federal agency and is administering the internal revenue laws that have been passed pursuant to Congress’ Art. 4 § 3(2) authority over its territory and other property over which Congress has “exclusive jurisdiction” (which does NOT include the various States).  The Federal income tax, Social Security, and all other taxes administered by the Internal Revenue Service are being laid and collected under Congress’ Article 4 § 3(2) authority.  This is the great secret and fraud underlying the Federal income tax.

Why the Citizens of the Several States Are Not Generally Liable for the Federal Income Tax

is required reading.


See Image eight (8) images below for the U.S. Government’s Official Response to the Court

Why the Citizens of the Several States Are Not Generally Liable for the Federal Income Tax

is required reading.

 See Image eight (8) images below

IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_1IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_2IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_3IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_4IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_5IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_6IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_7IRS__US_GOVT_ATTORNEYS_confirm__IRS_is_NOT_a_Federal_Government_Agency_LARGE_Page_8

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IRS_at_your_door_cap_1

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2 comments

  1. If you read the entire filing, you see that is says that the IRS is a delegate of the Department of the Treasury, that is to say that it is not an independent agency of the United States of America. It further states that the United States of America is the proper party in the case, not the IRS.

    1. 1.) The IRS is registered in 2 known locations: in Puerto Rico and the Philippines. In neither instance is it registered as a government entity. 2.) The affidavit you and I cite clearly states that the IRS is NOT an agency of the U.S. government. 3.) It does NOT state that the IRS is a “delegate” of the U.S. Treasury. 4.) Since the IRS is NOT a government agency, the plaintiff should have sued the U.S. Treasury since the United States of America is the proper party in the case. 5.) The ARTICLE BELOW explains the statutory authority of the U.S. Treasury; AND show that the IRS has NO VALID statutory authority to collect taxes!!! 6.) You stated “the IRS is a delegate of the Department of the Treasury” But the article below shows that is NOT true. 6.) Further, there is an ancient Maxim of Law (considered unquestionable truth in Law): “A delegated power cannot be again delegated. A deputy cannot appoint a deputy.” Congress delegated to the Treasury the authority to collect taxes. The Treasury can NOT “RE-DELEGATE” that power to the IRS or anyone else. That authority must be delegated via statute by Congress – and as you will read below, Congress NEVER delegated the authority to tax to the IRS!!!!!!
      ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
      GREAT ARTICLE:
      Source: http://www.FamGuargian.org
      CFTIG Research Paper Sept 2006
      The Internal Revenue Service, a Private Corporation

      A Thorough review of available 31 U.S.C. sections, Executive Orders of the Secretary of
      the Treasury ( United States of America ) disclosed the following Facts:
      1. 31 U.S.C. is the designated US Code section for Tax Regulations and Administration
      of the U.S. Treasury Department Operations. Subsequent regulatory administration
      activities are covered by Treasury Orders from the Treasury Secretary. Several sections
      within 31 U.S.C. state explicitly that Authority may only be delegated to subordinates by
      the Treasury Secretary through Executive Treasury Orders. Public Law 94-455 in 1976
      further clarified this, specifically requiring all Regulations and Internal Revenue Code
      Sections be amended to reflect that only the Treasury Secretary had the Authority to take
      enforcement actions, and carry out Administration of all Treasury functions, and that any
      Delegation of Authority had to be by Treasury Order.
      2. A close review of 31 U.S.C. disclosed that the Internal Revenue Service, a Private
      Corporation, is not shown as a division, bureau, or any part of the U.S. Treasury
      Department. All this can be looked up any time on Firstgov. 31 U.S.C. Chapter 3 does
      not list the IRS as an agency or part of the Treasury Department. 31 U.S.C. Subtitle VI
      section 9101 does not show the IRS as a Government Owned Corporation under “
      Government Corporations “. 31 U.S.C. Subtitle I Chapter 9 section 901 does not list the
      IRS as an authorized agency.
      3. The Internal Revenue Service lists it’s Authority for operation as Internal Revenue
      Code section 7801 in many of the IRS publications. IRC 7801 does not say one word
      about the IRS, only the ATF and the US Justice Department. The IRC is not statutory
      law in any case, and cannot serve to authorize any Agency. Section 7801, section 7802,
      section 7803 of the IRC are Administrative Sections, added by the IRS Special Council,
      and are not supported by any CFR, and are not “ Law “. Only CFR or U.S.C. is Law,
      which are promulgated by Acts of the US Congress through Public Law passage.
      4. There are two different things called the “ Internal Revenue Code “. The official
      Internal Revenue Code is imbedded in the 5 books of Federal Treasury Regulations, with
      the correct Citation and Enactment into Law cited in Section 1.1-1 as required. This is
      the Internal Revenue Code derived by Public Law 951 in 1954. There is a second “ Book
      “ entitled “ Internal Revenue Code “, Volume 68A, published by the IRS, which is a
      reference book of IRS Interpretations of what the CFR and USC underlying Law
      requires. It is a Novel, and most sections are not conforming to the requirements of the
      CFR requirements, or the Federal Tax Regulations 5 books. Neither of these books is
      positive Statute Law, as Public Law 951 never made them so. Only CFR or USC
      sections are Law, and a Internal Revenue Code Section can only be considered valid as
      implementing regulations where it is directly supported by CFR or USC sections, word
      Internal Revenue Service Research Paper Page 2
      for word. The 5 books of the Federal Tax Regulations cannot be considered valid at this
      point, as they deliberately have not been updated with the requirements and Law
      sections passed by congress since 1976. Sections which make it more convenient for the
      Treasury or specifically the IRS to continue their fleecing of American citizens have been
      updated, but not any of the sections affected by Public Laws intended to correct the
      misapplication of the laws by the IRS. The IRS was not established by any Act of the
      US Congress, as most of the US Government Agencies and boards and Commissions
      have been. The Act of Congress in each case spells out specifically the rights and
      responsibilities, organizational structure, methods of regulations issue and approval,
      where the organization fits within the US Federal Government structure, and whether it is
      to operate autonomously or as part of another divisional structure. The Internal Revenue
      Service is a private Collections Company, acting as a permanent contractor for the US
      Treasury department, without any Legal Statute authorization.
      5. The IRS says that the Internal Revenue Code ( the Novel, Book 68A ) gives them the
      Authority to operate, and regulates its activities. Treasury Order 150-10 delegates
      Authority to the Commissioner of Internal Revenue ( a US Government Employee ) to
      administrate implementation of the Internal Revenue Code, but makes no mention of the
      Internal Revenue Service, a Private Company. In IRC ( Book 68A ) section 7802, an
      appointed Oversight Board is authorized, which can make recommendations on
      appointments, and makes reports to congress, but has no actual Oversight Authority
      over the operations of the IRS. The appointed Commissioner of Internal Revenue, and
      Deputy Commissioners, the Special Council to the IRS ( and staff ), and the Taxpayer
      Advocate are US Government employees. All other IRS personnel work for the Internal
      Revenue Service, a Private Company contractor. There is NO CFR supporting IRC 7802,
      it is an administrative Section, added to the IRC by the Special Council. The IRS, in
      multiple publications ( internal ) says it can be an authorized contractor by IRC ( Book
      68A ) section 7803, which references 5 USC section 3109 (b). There is no supporting
      CFR for IRC section 7803, therefore it is Administrative, and is not Law. 5 USC 3109 ( b
      ) only provides for Temporary and Intermittent Services to be contracted by Federal
      Agencies. There is no Public Law which ever established that government Services
      could be permanently “ Privatized “, which is the very reason that Congress has been
      trying desperately to pass a law to allow Privatization of Government functions for 6
      sessions. No Public Law ever allowed the Privatization of Tax Administration and
      collections. Since the IRS was not established by Act of Congress, or approved for
      implementation by Statute Law, it has no authority whatever to interpret the CFR and
      USC Laws, which it does with no authority. No US Treasury Order delegates any
      authority to the Internal Revenue Service. Neither the Internal Revenue Code ( in the
      Federal Tax Regulations 5 books, the official one ) or the Novel reference IRC ( Book
      68A ) are statute Law, but promulgated rules of implementation, and cannot by
      themselves confer any authority not specifically found in CFR or USC supporting Law.
      It is illegal to refer to the Internal Revenue Code in a public court document, indictment,
      or publication as 26 USC ( it is violation of 18 USC 241 and 18 USC 1018 ) as it has
      never been made such by Public Law in an Act of Congress.
      Internal Revenue Service Research Paper Page 3
      6. The contracting of the IRS by the US Department of the Treasury is somewhat
      problematic, in that the stated 5 USC Section 3109 ( b ) allows only for “ Temporary and
      Intermittent Services “ of contractors to supplement US Government personnel. There is
      no supporting CFR section to authorize IRC 7802, so it is administrative in nature. There
      is no Statute which allows the privatization of Government Tax Administration. There
      are multiple sections of USC which regulate and control the use of contractors, contract
      proposals, bidding, and transparency of the process. All these provisions have apparently
      been bypassed, and USC completely disregarded. FOIA Requests to the Treasury
      Department for the contract between the Treasury Department and the Internal Revenue
      Service will not be responded to except with rubbish that it is classified, and it is not
      subject to the FOIA requirements. FOIA Requests to the Internal Revenue Service for a
      copy of their Corporate Charter, will similarly be responded that it is privileged internal
      administrative data, and not subject to the FOIA. FOIA Requests to the IRS on what
      authorizes their activities in Statute Law, come back with the same frivolous gibberish
      that their activities are authorized by the Internal Revenue Code. FOIA for the
      Delegation Orders from the Secretary of the Treasury to the IRS for authorization to
      Implement and Collect the tax programs get the same no answers. FOIA Requests to the
      IRS for the Delegation Order from the Commissioner of Internal Revenue to the
      Commissioner of the Internal Revenue Service to implement the administration and
      collection of US Government Taxes, are only responded with frivolous gibberish that
      they are unnecessary, as it is all contained in the Internal Revenue Code. The IRS will
      not define which of the Internal Revenue Code versions is the official version, Book 68A
      which is the reference book, or the official version in the 5 books of Federal Tax
      Regulations. Only the Internal Revenue Code version in the 5 Books of Federal Tax
      Regulations has the required legal citations.
      7. Federal Jurisdiction. The zone of Federal Jurisdiction, where the U.S. Federal
      Government has exclusive legislative authority, is within the District of Columbia,
      Guam, American Samoa, Puerto Rico and the other American Offshore Territories and
      possessions, and under admiralty Law in the territorial waters off the continental coasts,
      ( federal zone ) outside of the territorial waters controlled by the states ( state zone waters
      ). No Federal Legislative Jurisdiction lies within the borders of the 50 States.
      Federal rules, laws, and jurisdiction can only be applied within the 50 states borders with
      written permission from the state, for designated Federal Forts, Magazines, Interstate
      Waterways, and Buildings.
      This clearly prohibits the Internal Revenue Code from any application outside of the zone
      of Exclusive Federal Jurisdiction, and prohibits its application within the borders of the
      50 states. Without constitutional amendment, this also clearly prohibits any Federal
      Contractor ( IRS ) from exerting any jurisdiction within the borders of the 50 states.
      United States Constitution, Article 1, Section 8, clause 17 . Implementing statute 40 USC
      part 7, section 7 ( 3 ).
      Internal Revenue Service Research Paper Page 4
      7 ( a ). Citations:
      Supreme Court : Spreckles Sugar Refining Co. v. McClain, 192 US 397, page 416
      A Citizen is exempt from Taxation, unless the same is imposed by Statute in clear and
      unequivocal language.
      So clearly, per this Supreme Court ruling, and the United States Constitution, no
      Implementing Regulation, such as the Internal Revenue Code, in either form
      ( imbedded in the Federal Tax Regulations 5 books ) or the IRS Novel ( Book 68A ) can
      Impose any Tax. A Tax may be imposed only by Statute Law ( CFR or USC ) which is
      specifically codified from Public Laws passed by the United States Congress.
      Supreme Court: Gould v. Gould, 245 U.S. 150 ( 1917 ) ruled that:
      The Government, in any agency, cannot apply or implicate that one portion of US Code
      can apply to another US Code section subject matter or application
      So clearly, IRC sections supported by 27 CFR for alcohol, tobacco, and firearms cannot
      be used for 26 CFR activities and subject matter. There are no penalty provisions in 26
      CFR as regards Income Taxes. There are no sections of 18 USC addressing non-payment
      of Income Taxes, or non-filing of returns. There are no sections of 28 USC allowing the
      IRS to investigate or make submittal of criminal information and complaints to the USDJ,
      as the Federal District Courts have no Criminal subject matter Jurisdiction for 26
      CFR. Congress only gave the Federal District Courts Civil Jurisdiction of 26 CFR
      matters. The use of Book 68A sections which attach to 27 CFR, claiming they attach to
      26 CFR issues is a clear violation of 18 USC 241. The IRS making a Return of
      Information document to the USDJ to attempt illegal prosecution of a Citizen for a 26
      CFR offense ( of which there are none ) knowingly falsely using IRC sections ( the Book
      68A ) which can only be used for 27 CFR issues is a Felony, violating 18 USC 241
      Conspiracy against citizen rights, 18 USC 1018 False writings and fraud, and 18 USC
      Chapter 73 Obstruction of Justice, and Executive Order 12630 March 15, 1988. No
      treasury Order gives authority to the IRS to conduct investigations, secure “ evidence “
      by fraud, conduct searches and seizures, or make a Return of Information Complaint to
      the USDJ. The US District Courts cannot by Case Law make Statute Law, where
      Statute Law does not exist, nor can the Courts give themselves Jurisdiction where the
      Legislative body ( Congress ) by Public Law has not given them specific Subject Matter
      Jurisdiction. 28 USC section 1340 confers only Civil Jurisdiction for 26 CFR.
      8. The IRS ( a Private Company )has NO authority to Take by Force any records,
      property, money, or thing of value, without a Court Order from a United States District
      Court. Citizens do not have to respond to a request for documents, an Order to Produce
      Documents, or a Summons from the IRS, which is not issued under Court Order. This
      ruling also applies to all third party agencies and persons, And includes all
      administrative orders and directives.
      U.S. Court of Appeals, 2nd Circuit, Washington, DC : Schultz v. IRS, case 04-0196-cv
      Internal Revenue Service Research Paper Page 5
      Not appealed to Supreme Court. Subsequent actions to enforce ruling have been made by
      the 2nd Circuit Court. The second ruling by the Court of Appeals on motion by the IRS
      for Relief, was substantially stronger in details and Court Ruling clarifications. ** These
      documents are a must read for Patriots.
      The IRS “ Takes the position “ however, that they can disregard the Court Rulings in one
      Circuit, and continue operations and issue of false documents in any other Circuit, and
      issue Subpoenas, Liens, Summons, Issue Illegal Levys, Notice of Levy, Letters of
      Demands for Records, and access ( illegally ) civil fines on their own issue without due
      process or a hearing of any kind. Any Court Ruling in the favor of the IRS is deemed to
      apply everywhere. See IRS Publication “ Your Federal Income Tax for Individuals”.
      8 A. Supreme Court Citations referenced in the Schultz v. IRS Case supporting Schultz
      The Antelope, 23 U.S. 66, 120 ( 1825 )
      Citizens Savings & Loan Assn v. City of Topeka, 87 U.S. 655 ( 1874 )
      Butchers’ Union Co. v. Crescent City Co., 111 U.S. 746 ( 1884 )
      Adair v. United States, 208 U.S. 172
      Flint v. Stone Tracy Co., 220 U.S. 107 ( 1911 )
      Stratton’s Independence Ltd. V. Howbert, 231 U.S. 399, 414 ( 1913 )
      Brushaber v. Union Pacific RR Co., 240 U.S. 1 ( 1916 )
      Peck v. Lowe, 247 U.S. 165
      Doyle v. Mitchell Bros. Co., 247 U.S. 179 ( 1918 )
      Eisner v. Macomber, 252 U.S. 189 ( 1920 )
      Truax v. Corrigan, 257 U.S. 312, 331, 338 ( 1921 )
      Bowers v. Kerbaugh-Empire Co., 271 U.S. 174D ( 1926 )
      Tyler v. U.S., 281 U.S. 497, at 502
      Railroad Retirement Board v. Alton Railroad Co., 295 U.S. 330, 55 S. Ct 758 ( 1935 )
      Murdock v. Pennsylvania, 319 U.S. 105 at 113 ( 1943 )
      James v. United States, 366 U.S. 213, p.213, 6L Ed 2nd 246 ( 1961 )
      Central Illinois Public Service Co. v. United States, 435 U.S. 21 ( 1978 )
      South Carolina v. Baker, 485 U.S. 505 ( 1988 )
      Other Documents Submittals
      Amendment 1 of the United States Constitution
      Articles and Affidavits from the WTP foundation, and Members
      IRS Manual
      28 USC 1746 For Unsworn Declarations
      Spreckles Sugar Refining Co. v. McClain, 192 U.S. 397
      Gould v. Gould, 245 U.S. 150 ( 1917 )
      26 CFR, 27 CFR
      This Document, a Research Paper, is not Copyrighted and may be copied as necessary
      and shared with other Citizen Patriots as necessary.
      Citizens For Truth In Government.org 2007 United States of America
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