Tracking No: 9.11.2005.IRS/TAS.1
Page 2 of 8:
Robert Vincent Crifasi ~ in Toto, Sui Juris Patronus
Libera Res Publica, free from things public.
All absolute Rights claimed Without Prejudice
Former SSAN (no longer active): 092402212 is void
Mailing address used “without prejudice to rights”
General Post, Fremont, California republic, uSA
In care of – c/o: 42900 Nido Court
Fremont, Non-Domestic, is in real California, uSA
No Zip Code used [DMM 122.32]
Date: Sunday, September 11, Year in Christ, 2005
NOTICE: This Instrument follows & joins prior correspondence
concerning the SSA/IRS IMF/BMF-MCC file #092402212(void).
DEPARTMENT OF THE TREASURY:
INTERNAL REVENUE SERVICE
NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL
NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT
Administrative Notice of Error:
Notice of USPS Interstate Mail Fraud
To Whom It Concerns:
C/O: Bill Beard, unverified individual.
I have received your rejection paper dated September 7, 2005 (herein-after, “flypaper”). Due to the sensitivity of the issues involved, I must timely respond forthright and herewith in special appearance.
Whereas, when in the Course of human events it becomes necessary for one people, Me, Myself to dissolve the coerced political bands which have deceptively connected Me with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle Me, a decent respect to the opinions of mankind requires that I, walking Spirit incarnate, should declare the causes recently brought to my attention which impel Me to the separation.
I, Robert Vincent Crifasi, Me, Myself, am in agreement with the fact that the IRS “Taxpayer” Advocate Service personnel are not capable of providing relief for US ‘nontaxpayers’ because you (employees at work in the IRS/TAS agencies, et al.) have no influence or jurisdiction on the matter.
“The Taxpayer Advocate Service is an independent service of the IRS that aims to protect your rights and interests as a taxpayer.” (Emphasis added.)
The foregoing propaganda is copied from one of the IRS informational sites. Said statement is true only if presuming a “taxpayer” liability is proven to exist from in the very first place [non-disclosure, UCC 1-103].
Since none of my activities were within IRS taxation jurisdiction from in the very-first place, nunc pro tunc calendar year 1965, [TO 150-39, TO 150-17, EO 11997], I am exercising my right of election to not file a return, ab initio to said year 1965 [26 USC § 31, DC CODE § 47-1801.03]. I am under no duty or obligation to do so since there is no requirement in the tax laws for me to do so, and I have not signed any kind of contract or agreement binding me to any duty or obligation [31 CFR § 215].
I have repeatedly sent Notice to the District Director in Fresno, California of the revocation of my signature authority on all government forms ever filed by Me in error to the IRS and SSA agencies [UCC 1-103, UCC 1-308], ab initio and nunc pro tunc to my date of majority.
I have transmitted a large volume of correspondence to the employees of the SSA / IRS, in which I have, among other things, explicitly reserved all My absolute rights with language sufficient to place said employees on actual notice that:
I explicitly reject all benefits of the Uniform Commercial Code and the California Commercial Code, absent a valid commercial agreement, which is in force and to which I, and said SSA/IRS agents are parties, and I cite its provisions herein only to serve notice upon ALL agencies of government, whether international, national, state or local, that they are, and I am not, subject to, and bound by, all of its provisions, whether cited herein or not;
My explicit reservation of Rights has served notice upon ALL agencies of government of the "Remedy" which they must provide for Me under Article 1, Section 308 of the Uniform Commercial Code and the California Commercial Code at CCC-1207, whereby I have explicitly reserved My Common Law right not to be compelled to perform under any contract or commercial agreement into which I have not entered knowingly, voluntarily, and intentionally;
My explicit reservation of rights has served notice upon ALL agencies of government that they are ALL limited to proceeding against Me only in harmony with the Common Law and that I do not, and will not, accept the liability associated with the compelled benefit of any unrevealed commercial agreements; and
My valid reservation of rights has preserved all My absolute Rights and prevented the loss of any such rights by application of the concepts of waiver or estoppel.
The SSA/IRS file #092402212(void) maintained by said agencies without my consent contains material gross errors relating to all the Forms SS-5, W-4, W-1040 and W-2 and other corporate forms ever filed by me and the private payers reporting my uncovered “wages” (pay) to the SSA / IRS / EDD in error, [UCC 1-103, UCC 1-308, CCC-1103, CCC-1207].
As the moving party, the IRS agents at large are in verified Default of my conditional acceptance of same. Said agents are also in Default of my legitimate claim for damages already noticed in the large volume of correspondence previously sent to IRS personnel at Fresno, San Francisco, Oakland and Washington, DC. See, http://crifasi.net/sunflower.net.
All said correspondence was filed in good faith, just simply to correct the material gross faults found still existing in the said unauthorized file maintained at said agency.
Nevertheless, your recent “flypaper” dated Sept. 7, 2005 contains elements of stealth therein. The said miss-stated material gross faults must be rebutted and refuted herewith, else said colored statements may lead to false presumptions by a potential Jury hearing these matters concerning my lawful stand i.e., within the perfect law of Liberty.
I am a “nontaxpayer,” as that term is defined in Economy Plumbing & Heating Co., Inc., et al. v. The United States, 470 F.2d 585, at 590, footnote 3 (1972), which reads as follows:
“The term ‘taxpayer’ in this opinion is used in the strict or narrow sense contemplated by the Internal Revenue Code and means a person who pays, overpays, or is subject to pay his own personal income tax. (See Section 7701(a)(14) of the Internal Revenue Code of 1954.) A ‘nontaxpayer’ is a person who does not possess the foregoing requisites of a taxpayer.”
If you dispute my contention that I am a “nontaxpayer” as defined above, then I request that you state and explain your proof of claim.
Estoppel by acquiescence
The doctrine of estoppel by acquiescence may prevail when Party A (Me) makes legal notice to Party B (Mark Everson, District Director, IRS Agents, etc.) of Party A's assertion of a fact (I am a US 'nontaxpayer' by inalienable common right & Supreme Court interpretation) [UCC 1-308] or legal principle (I am not in receipt of bona fide evidence to the contrary)[CCC-1103, UCC 1-103] or claim (I never was a US statutory ‘employee’ earning US statutory ‘covered wages’, I am a non-US resident and non-US Citizen, see TITLE 26 > Subtitle C > CHAPTER 21 > Subchapter C > § 3121 (e)(1)(2)), and Party B (IRS employee(s)) fail(s) to refute, reply to, or to defend (within "a reasonable period of time") against said claim (My conditional acceptance upon bona fide proof-of-claim for the ‘special 1040 tax’ somehow lawfully and legally attaches to me, nude Spirit incarnate).
In this circumstance, Party B (IRS, et al.) is said to have acquiesced to the claim or position taken by Party A, and by acquiescence, generally is considered to have lost the legal right to make a counterclaim.
NOTICE is served herein: your solicitous statements of September 7, 2005 are refuted item by item, following:
1. Fremont, CA 94539 – Respondent’s willful misnomer of my non-domestic temporary domicile, with intent of kidnapping and identity theft. Said constitutes the unauthorized use of a foreign federal district in a fictional mailing address to falsely presume ‘US residency’ and/or otherwise, ‘US citizenship’, after the wrongs were made known to you. See enclosure, Acknowledgement: Power of Attorney, Denial of Corporate Existence, page 2.
2. Taxpayer Identification Number: 092-40-2212 – Respondent’s unauthorized use of the SSAN already reported to the SSA Inspector General, Patrick P. O'Carroll, Jr., for fraudulent abuse and identity theft. Said Numident is void ab initio, and not linked to Me, walking Spirit incarnate.
a. All employees at work in the SSA / IRS and other deFacto government agencies were noticed of said fact, also including the employees at work in the TAS. You, Mr. Beard, are in violation of the FTC Fair Trade Debt Collection Practices Act and the Privacy Act of 1974 by your unauthorized use of said Numident with the obvious intent to create a legal liability when none exists.
b. “A reasonable construction of the taxing statutes does not include vesting any tax official with absolute power of assessment against individuals not specified in the statutes as a person liable for the tax without an opportunity for judicial review of this status before the appellation of ‘taxpayer’ is bestowed upon them and their property is seized…” Botta v. Scanlon, 288 F.2d 504, 508 (2nd Circ.1961)
3. TaxForm(s): 1040 – presumes facts not in evidence. Respondent’s irrelevant mention of an inapplicable ‘TaxForm’ purports to create a legal liability when none exists. See item #2(a)&(b), above.
4. Tax Period(s) Ending: 1965 through 2004 – Respondent presumes facts not in evidence. All claimed ‘Years in Reversal’ are calendar years until proven otherwise. See item #2(a)&(b), above.
5. … “a refund of the social security and income taxes…” – Respondent purports to traverse the real issue at large. No said ‘taxes’ were ever assessed, paid, collected or taken from me. All of My daily bread (pay) conveyed to the SSA and IRS and FTB corporations was surrendered in error by chicanery out of my private account by misguided private payers, and without my fully informed consent. This correction is due to the non-disclosure of fatal material facts contained in all government SS-5 and W-forms, and the payer’s gross clerical errors. [UCC 1-103, UCC 1-308]. See item #2(b), above.
6. … “for the tax years listed above.” – Presumes facts not in evidence. See item #4 above.
7. … “your inquiry does not meet our criteria.” – Be it known by all to whom these presents may come, My lawful stand is as a US ‘nontaxpayer,’ although all of the following conditions exist in My case:
“Who may use the Taxpayer Advocate Service?
Generally, the Taxpayer Advocate Service can help if, as a result of the [improper] administration of the tax laws, you:
* Are suffering, or are about to suffer, a significant hardship;
* Are facing an immediate threat of adverse action;
* Will incur significant cost (including fees for professional representation);
* Will suffer irreparable injury or long-term adverse impact;
* Have experienced a delay of more than 30 days to resolve the issue; or
* Have not received a response or resolution by the date promised.
If you have an ongoing issue with the IRS that has not been resolved through normal processes, or you have suffered, or are about to suffer a significant hardship as a result of the [improper] administration of the tax laws, contact the Taxpayer Advocate Service.” [emphasis added].
8. … “my office could not be of assistance to you.”; “…has no influence or jurisdiction on the matter.” - Your admissions that the TAS cannot be of assistance to Me corroborates the fact that IRS employees at work have no influence or jurisdiction over my omniscient Life, Liberty and the lawful pursuit of my livelihood in occupations of common right in the private sector in the Republic, i.e., the united States of America; ‘without the UNITED STATES’ federal zones [28 USC 1746(1)].
a. “They [the revenue laws] relate to taxpayers, and not to nontaxpayers. The latter are without their scope. No procedure is prescribed for nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law.” Economy Plumbing & Heating v. United States, 470 F.2d 585, 589 (U.S. Court of Claims, 1972), citing Long v. Rasmussen, 281 F. 236 (D.Mont. 1922).
b. I request that you state whether you accept the above-quoted judicial finding that the revenue laws relate to taxpayers, and not to nontaxpayers. It is my position, based on the above citation that the enforcement and appeals provisions of the Internal Revenue Code do not apply to nontaxpayers. Furthermore, I claim that, as a “nontaxpayer,” I am outside the scope of the Internal Revenue Code and its regulations.
c. I request that you inform me if you disagree and present verified proof of claim.
9. “Please accept our apologies for any inconvenience you may have experienced…” –
NOTICE is hereby served: I, Robert Vincent Crifasi, do not accept your ‘apologies.’ Doing so could make me an accomplice to the felonious charges listed below, and by default, already held against several-said IRS employees. See item #12(a)-(k) below.
10. … “for any inconvenience…” - The Secretary, the IRS Commissioner, the IRS Chief Counsels, the District Director in Fresno and other officials are properly Noticed that the despoilment of my unalienable Liberty and of My Good Name, the despoilment of my enjoyment to my private property (pay) after the wrongs were made known to them through discovery, the distress on my physical, professional, emotional and mental well being are all valid claims upon which I seek administrative relief, at once. (…’inconvenience…’ Indeed!)