Requirement for Consent

CLARIFICATION:_________________________________________________________________________ 1

28. Admit Tax Court is an Article I Legislative “Franchise Court” 2

TITLE 26 > Subtitle F > CHAPTER 76 > Subchapter C > PART I > § 7441

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§ 7441. Status

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There is hereby established, under article I of the Constitution of the United States , a court of record to be known as the United States Tax Court. The members of the Tax Court shall be the chief judge and the judges of

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the Tax Court.

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YOUR ANSWER: ____Admit ____Deny

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10 CLARIFICATION:_________________________________________________________________________ 11

29. Admit that Tax Court has NO JURISDICTION over persons who are not franchisees called “taxpayers”: 12

United States Tax Court RULE 13. JURISDICTION

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(a) ...the jurisdiction of the Court depends

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(1) in a case commenced in the Court by a taxpayer, upon the issuance by the Commissioner of a notice of

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deficiency in income

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YOUR ANSWER: ____Admit ____Deny

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20 CLARIFICATION:_________________________________________________________________________ 21

30. Admit that NO FEDERAL COURT has the legislatively delegated authority to declare a person who is a 22 “nontaxpayer” as a “taxpayer”: 23

TITLE 28 > PART VI > CHAPTER 151 > § 2201

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§ 2201. Creation of remedy

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(a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and

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effect of a final judgment or decree and shall be reviewable as such.

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YOUR ANSWER: ____Admit ____Deny

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36 CLARIFICATION:_________________________________________________________________________ 37

31. Admit that NO FEDERAL COURT can lawfully do indirectly that which it cannot do directly. 38

“I turn now to the arguments by which the constitutionality of the act of Congress has been attempted to be supported. It is said that, though Congress cannot directly abrogate contracts, or impair their obligation, it may indirectly, by the exercise of other powers granted to it. This I have conceded, but I deny that an acknowledged power can be exerted solely for the purpose of effecting indirectly an unconstitutional end which the legislature cannot directly attempt to reach. If the purpose were declared in the act, I think no court would hesitate to pronounce the act void. In Hoke v. Harderson, to which I have referred, Chief Justice Ruffin, when considering at length an argument that a legislature could purposely do indirectly what it could not do directly, used this strong language: ‘The argument is unsound in this, that it supposes (what cannot be admitted as a supposition) the legislature will, designedly and wilfully, violate the Constitution, in utter disregard of their oaths and duty. To do indirectly in the abused exercise of an acknowledged power, not given for, but perverted for that purpose, that which is expressly forbidden to be done directly, is a gross and

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wicked infraction of the Constitution.’ ” [Sinking Fund Cases, 99 U.S. 700 (1878) ]

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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:________