Requirement for Consent

If you then need to litigate in federal court to defend your rights because the government does not respect the requirement 1 for consent and collects illegally against a nontaxpayer who is not subject to the Internal Revenue Code, the best way we 2 know of to approach the subject of the requirement for consent in court is to use the following tactics: 3 1. Emphasize that the following authorities forbid “involuntary servitude”, which is simply any kind of servitude that you 4 do not consent to: 5 1.1. Thirteenth Amendment 6 1.2. 42 U.S.C. §1994: Peonage abolished 7 1.3. 18 U.S.C. §1583: Enticement into slavery 8 2. Challenge every instance of presumption the government attempts to engage in which prejudices or violates your 9 constitutional rights. Emphasize that: 10 2.1. All presumption which prejudices constitutional rights is unconstitutional and impermissible, including the 11 presumption that one is a “taxpayer” subject to the Internal Revenue Code 12

(1) [8:4993] Conclusive presumptions affecting protected interests:

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A conclusive presumption may be defeated where its application would impair a party's constitutionally- protected liberty or property interests. In such cases, conclusive presumptions have been held to violate a party's due process and equal protection rights. [ Vlandis v. Kline (1973) 412 U.S. 441, 449, 93 S.Ct. 2230, 2235; Cleveland Bed. of Ed. v. LaFleur (1974) 414 U.S. 632, 639-640, 94 S.Ct. 1208, 1215-presumption under

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Illinois law that unmarried fathers are unfit violates process]

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[Federal Civil Trials and Evidence, Rutter Group, paragraph 8:4993, p. 8K-34]

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2.2. Presumption is a biblical sin that you cannot engage in or be compelled by the government to engage in. See 20 Numbers 15:30. 21

"But the person who does anything presumptuously, whether he is native-born or a stranger, that one brings

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reproach on the LORD, and he shall be cut off from among his people."

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[ Numbers 15:30 , Bible, NKJV]

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2.3. A “presumption” is neither evidence nor a substitute for evidence.

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A presumption is an assumption of fact that the law requires to be made from another fact or group of facts

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found or otherwise established in the action. A presumption is not evidence. [ Black’s Law Dictionary, Sixth Edition, p. 1185, under “presumption” ]

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2.4. Statutory presumptions, such as 26 U.S.C. §7701(c), are unconstitutional if used to expand jurisdiction of the 29 government beyond the clear language within the Internal Revenue Code: 30

This court has held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates the due process clause of the Fourteenth Amendment. For example, Bailey v. Alabama, 219 U.S. 219 , 238, et seq., 31 S.Ct. 145; Manley v. Georgia, 279 U.S. 1 , 5-6, 49 S.Ct. 215.

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'It is apparent,' this court said in the Bailey Case ( 219 U.S. 239 , 31 S.Ct. 145, 151) 'that a constitutional prohibition cannot be transgressed indirectly by the creation of a statutory presumption any more than it can be violated by direct enactment. The power to create presumptions is not a means of escape from constitutional

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restrictions.'

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[Heiner v. Donnan, 285 U.S. 312 (1932)]

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For further details on this scam, see:

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Legal Deception, Propaganda, and Fraud , Form #05.014 http://sedm.org/Forms/FormIndex.htm For further information about how presumption is abused to unlawfully enlarge federal jurisdiction, see:

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Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction , Form #05.017 http://sedm.org/Forms/FormIndex.htm 3. Emphasize that the court is prohibited by 28 U.S.C. §2201(a) from declaring you a “taxpayer”, and especially if you 41 say you aren’t. 42

“Specifically, Rowen seeks a declaratory judgment against the United States of America with respect to "whether or not the plaintiff is a taxpayer pursuant to, and/or under 26 U.S.C. §7701(a)(14)." (See Compl. at 2.) This Court lacks jurisdiction to issue a declaratory judgment "with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986," a code section that is not at issue

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Requirement for Consent

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

EXHIBIT:________