[107102] in Cypherpunks
Re: US Citizen vs Citizen of [one of] the United States
daemon@ATHENA.MIT.EDU (Soren)
Fri Jan 1 08:20:29 1999
Date: Fri, 01 Jan 1999 09:07:18 -0500
From: Soren <sorens@workmail.com>
To: cyphers <cypherpunks@cyberpass.net>
Reply-To: Soren <sorens@workmail.com>
> ... and more of the same
>
>
> The necessity of due process is implicitly preserved by 28 USC § 2463, which stipulates that any seizure under United States
> revenue laws will be deemed in the custody of the law and subject solely to disposition of courts of the United States with
> proper jurisdiction. In other words, even if IRS had legitimate authority in the several States, the agency would of necessity have to
> file a civil or criminal complaint prior to garnishment, seizure or any other action adversely affecting the life, liberty or property of
> any given person, whether a ...
>
> (start ital)Fourteenth Amendment citizen-subject of the United States(end ital) or a (start ital)Citizen principal of one of the several
> States(end ital).
>
> ... Due process assurances in the Fifth and Fourteenth Amendments do not equivocate -- administrative seizures without due
> process can be equated only to tyranny and barbarian rule. Further, even regulations governing IRS conduct acknowledge and
> therefore preserve Fifth Amendment assurances at 26 CFR § 601.106(f)(1).
>
>
> and
>
>
>
> The territorial application, and limitation, is made clear by definitions in Title 26 of the Code of Federal Regulations, as follows:
>
>
>
> § 31.3121(3)-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 (start ital)"citizen of the United States"(end ital) 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.
>
>
> ... excerpted from Http://home.erols.com/scambos/pubnotic.htm
>
