Requirement for Consent

To give you one example of how the above tactic is used, consider the situation of a public servant who has just left federal 1 employment voluntarily or was terminated. At that point, he usually has a large retirement nest egg in Federal Thrift 2 Savings Program (TSP) that he wants to take into his or her custody while also avoiding the need to pay any income tax as 3 a consequence of the distribution. Lawyers in the District of Criminals who are running the Thrift Savings Program (TSP) 4 have devised a way to basically browbeat people into paying withholding taxes on direct retirement distributions using the 5 above technique. Here is how it works: 6 1. Federal employees who leave federal service and who want to withdraw their retirement savings must submit the TSP- 7 70 form to the Federal Thrift Savings Program. You can view this form at: 8 http://tsp.gov/forms/index.html 9 2. Most separating federal employees inhabit the states of the Union, are “nationals” under 8 U.S.C. §1101(a)(21), are not 10 “citizens” under 8 U.S.C. §1401, and are “non -resident NON-persons ” , as we explain later in this chapter. TSP 11 Publication OC-96-21 describes the procedures to be used for “nonresident aliens” who are not engaged in a “trade or 12 business” to withdraw their entire retirement free of the 20% withholding mandated by 26 U.S.C. §3406. Here is what 13 section 3 of that pamphlet says: 14

3. How much tax will be withheld on payments from the TSP?

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The amount withheld depends upon your status, as described below. Participant. If you are a nonresident alien, your payment will not be subject to withholding for U.S. income taxes. (See Question 2.) If you are a U.S. citizen or a resident alien, your payment will be subject to withholding for U.S. income taxes. If you are a U.S. citizen or resident alien when you separate, you will receive from your employing agency the tax notice “Important Tax Information About Payments From Your TSP Account,” which explains the withholding rules

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that apply to your various withdrawal options.

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[Thrift Savings Program (T.S.P.), Pamphlet OC-96-21, http://tsp.gov/forms/index.html]

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Later on in that same pamphlet above, here is what they say about the requirement for a statement under penalty of 23 perjury attesting that you are a “nonresident alien” with no income from within the federal “United States”: 24

2.Will the TSP withhold U.S. taxes from my payments?

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This depends on whether the payment you receive is subject to U.S. income tax. If the money you receive is subject to U.S. income tax, then it is subject to withholding. In general, the only persons who do not owe U.S. taxes are nonresident alien participants and nonresident alien beneficiaries of nonresident alien participants. The TSP will not withhold any U.S. taxes if you fit into either category and you submit the certification described below. However, if you do not submit the certification to the TSP, the TSP must withhold 30% of your

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payment for Federal income taxes.

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Certification. To verify that no tax withholding is required on a payment you are receiving as a participant, the TSP asks that you certify under penalty of perjury that you are a nonresident alien whose contributions to the TSP were based on income earned outside the [federal] United States. If you are receiving a payment as a beneficiary, you must certify that you are a nonresident alien and that the deceased participant was also a nonresident alien whose contributions to the TSP were based on income earned outside the United States.

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(Certification forms are attached to this tax notice.)

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[Thrift Savings Program (T.S.P.), Pamphlet OC-96-21, http://tsp.gov/forms/index.html]

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3. The certification form for indicating that you are a “nonresident alien” who earned all income outside the “United 39 States” is contained at the end of the above pamphlet. Here is the warning it contains in the perjury statement at the 40 end: 41

Warning : Any intentional false statement in this certification or willful misrepresentation concerning it is a violation of the law that is punishable by a fine of as much as $10,000 or imprisonment for as long as 5 years,

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or both (18 U.S.C. 1001).

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4. The critical issue in the above pamphlet, of course, is their “presumed” and ambiguous definition of “United States”, 45 which we find in section 4.8 of the Great IRS Hoax , Form #11.302 means the federal United States or “federal zone”, 46 which is the District of Columbia Only within Subtitle A of the Internal Revenue Code as indicated by 26 U.S.C. 47 §7701(a)(9) and (a)(10). If you call the Thrift Savings Program (T.S.P.) coordinator and ask him some very pointed 48 questions about the definition of “United States” upon which the above pamphlet relies and the code section or 49 regulation where it is found, you will get the run-around. If you ask for the corporate counsel phone number, they 50 refuse to give it to you and tell you to ask in writing. If you write them, they will ignore you because they don’t want 51 the truth to get out in black in white. If you were to corner one of these people after they left federal service and ask 52

Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________