HISTORICAL BASIS FOR 1099OID CORPORATIONS Unlike a Corporate Sole, when two or more parties come together for some purpose then there is by construction of law an aggregate corporate entity created. This is, of course, a fiction. Corporations, whether chartered or unchartered, have two inherent characteristics: first, the corporation has perpetual succession (meaning that it doesn’t die due to the actions of its participants), and second, it has limited liability for the payment of debts. A typical corporation might be JOHN H. SMITH. In our particular situation, JOHN is a trust set up in Puerto Rico by the corporation known as the UNITED STATES. The US is an offshore corporation following maritime law. It was set up in Puerto Rico, as PR is not a part of the union of the states (it will be noted that “citizens” of PR do not have a Federal tax obligation, that obligation being enforced only upon the “citizens” of the states which operate under a franchise from the UNITED STATES). All of these corporate entities which have been set up as trusts (remember: perpetual succession and limited liability) are not chartered corporations, but when they interact with one another, then they are called an “association”. According to Black’s Law Dictionary (4th Ed.) associations are an “unincorporated society; a body of persons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise. .., but will not include the state.” So, when JOHN, MARY, BILL, SUSAN act together to some common enterprise then they are classed as an association. The common enterprise they are operating under is HJR 192 (5 June 1933) in which they guarantee to one another that they will not collect a debt from each other, but rather they will discharge any debt. Discharge of debt is a function of bankruptcy under Admiralty law forum. This was defined in the famous court case Stanek vs. White (172 Minn. 390, 215 N.W.784) where it was determined that: There is a distinction between a “debt discharged” and a “debt paid”. When discharged the debt still exists though divested of its character as a legal obligatin during the operation of the discharge. Something of the original vitality of the debt continues to exist which may be transferred even though the transferee takes it subject to its disability incident to the discharge. The fact that it carries something which may be consideration for a new promise to pay, so as to make an otherwise worthless promise a legal obligation, makes it the subject of transfer by assignment. 1 There is an important principle applicable here state in the 1792 case of Armour v. Campbell, (M. 4476) which states: Where he made the contract. But it is deemed to be contracted not where it was entered into, but where payment is due [contract enforced]. So, in essence, when JOHN and MARY entertain contracts one with another, then since they have mutually agreed that they will not enforce the contract but will discharge it into the future, they have “gifted” to one another a deferral to one another which is not held to their charge because of the perpetual succession and limited liability under which they operate. Now let’s take a look at GIFTS. When a “gift” is made, the gift tax liability falls on the donor under 26 USC 2502(d). When a gift is made, the gift to a donee, a “debt” to the United States for the amount of the gift tax is incurred by the donor. In other words, the above quote reveals that, because the association never demands payment, those participating never demand the law (gold) or the land that gold comes from as payment in fact. The participants simply GIFT it on to the association and are taxed on the value that they are privileged to pass on through the discharge. So, when JOHN discharges a contract to MARY, JOHN has GIFTED the value of the contract to MARY. The gift falls into the category of unjust enrichment, unless the tax matter is adjusted on the enrichment (remember that “income” is derived from any source). So, JOHN is the DONOR and Mary is the DONEE. Look again at 26 USC 2502(d) where is points out that when a “gift” is made, the gift tax liability falls on the donor! If that is the case, then, when JOHN discharges to MARY, then as the donor of the gift, JOHN is liable on the gift tax, and MARY is free of the tax liability. It would be wise at this point to show JOHN as a “transmitting utility” or as a conduit for the man, John. IF, again, IF John is using the JOHN to transact commerce in the public forum then John has the liability to settle the gift tax. And since JOHN is operating in discharge to MARY, then the tax is going to be a tax deferral (into the future). But in order to “defer” something into the future, there has to be a “something” to defer. So, the transaction must be settled in order to take the deferral. In order to settle the account, JOHN must take the matter back to John on the private side of the ledger (in other words, the transaction must be taken from the fiscal year back into the calendar year or from the public back to the private where the asset or surety actually exists). So, in order to obtain the deferral, John must pay the tax FIRST! Now, if John should decided to settle the matter with substance or something which resembles substance (such as a FRN or Promissory Note) the matter would be discharged and deferred into the future. 2 With this stage set, now let’s consider some other elements. ORIGINAL ISSUE Original issue refers to the product of a man’s labor. If the man who creates the issue is not under a legal obligation or lien, then the product is free of any public liability and hence un-alienable. If the man produces the issue under an obligation, then the issue is alienable at “birth” or “berth” (coming into port) and a mortgage on the issue is the result. If the man produces true original issue and wants to bring it to the public in exchange for some benefit, then he can do one of two things. One, he can register the issue into the commercial registry for the exemption. The exemption demonstrates that the sale of the issue cannot be taxed as it is exempt as the public accounts recognize the man as the sponsor of the credit which created the funds to purchase the issue. Two, he can simply offer the issue to the public, and upon purchase he can pay the tax on his profit. By paying the tax on the transaction, he is deferring the settlement until the end of the fiscal year. At the end of the fiscal year he can either defer it into the next fiscal year by claiming a deduction or deferral on a 1040 form since he has already paid the tax. If he tries to claim the deferral but has not paid the tax, he is a tax fugitive who is withholding public funds, and the accounting firm for the public, the IRS, will come looking for the funds. Then there might be all sorts of penalties attached. If he continues to resist the settlement of the account, the IRS (in behalf of the public) will put a lien on the funds and perhaps even levy the funds and take them by force. (***remember that we use ‘paper’ to justify the use of force***) Since few people register their original issue for the exemption (UCC-1 Financing Statement), most people fall into the deferral side of things, and must work from that side. This means they must pay the tax in order to obtain the deferral, and by filing the 1040 complete with the deduction information, can carry the results over into the next fiscal year. In essence, they do not take the account into the calendar year for the settlement on the private side. First thing to consider is that all public debts must be settled on the private side. The only real value is held privately by men. The public “operates” in the fiscal year which is 360 days and the man works privately on a calendar year that is 365 days. In order to close out the fiscal year it must be taken into the private side for final resolution or else the public debts cannot be resolved and must be carried over into the next fiscal year and the debt just keeps rolling on from year to year. This should be obvious to anyone who is working with the IRS to settle the public debts. Each fiscal year, the accounting firm for the UNITED STATES, Inc., a corporation headquartered in Puerto Rico (Trust #62) comes to the man to settle the debts of that 3 fiscal year so that they can close the escrow that was opened on January 1st. (Remember that it is people who have created the UNITES STATES and continue it by their active support or by acquiescence) The IRS asks the man, who is the Sponsor of the Credit, to supply to the IRS the information on the1040 “Return (of interest to principal)” so that the IRS can settle the public debt by returning the debt back into the calendar year. The IRS only wants to know where to send the interest on the national debt. If you don’t inform them as to where to send the interest, they will hold it in a transition or ghost account that we call the national or world debt. If the man who has not registered for the exemption but is working from the deferral side, wants to close the debt of that fiscal year, he would fill out the 1099OID so that the IRS can close out the fiscal year. The OID shows the IRS where to send the interest for settlement. It has to be sent into the calendar year to the man so that the escrow which was opened on January 1 can be closed on December 31. Otherwise, any unsettled debt can only be dealt with by carrying it over to the next fiscal year. Pursuant to Treasury Delegation Order No. 92, the IRS is trained under the direction of the Division of Human Resources United Nations (U.N.) and the Commissioner (INTERNATIONAL), by the office of Personnel Management. In the 1979 edition of 22 USCA 278, “The United Nations,” you will find Executive Order 10422. The Office of Personnel Management is under the direction of the Secretary of the United Nations. Pursuant to Treasury Delegation Order No. 91, the IRS entered into a “Service Agreement” with the US Treasury Department (See Public Law 94-564, Legislative History, pg. 5967, Reorganization (BANKRUPTCY!!!) Plan No. 26) and the Agency for International Development. This agency is an international paramilitary operation and, according to the Department of the Army Field manual (1969) 41-10, pgs 1-4, Sec. 1-7 (b) & 1-6. Sec. 1-10 (7) (c)(1), and 22 USCA 284, includes such activities as, “Assumption of full or partial executive, legislative, and judicial authority over a country or area.” The IRS is also an agency/member of a 169 nation pact called the International Criminal Police Organization, or INTERPOL, found at 22 USCA 263a. The memorandum of Understanding, (MOU), between the Secretary of Treasury, AKA the corporate governor of “The Fund” and “The Bank” (International Monetary Fund, and the International Bank for Reconstruction and Development), indicated that the Attorney General and her associates are soliciting and collecting information for foreign principals; the international organizations, corporations, and associations, exemplified by 22 USCA 286f. 4 According to the 1994 US Government Manual, at page 390, the Attorney General is the permanent representative to INTERPOL, and the Secretary of Treasury is the alternate member. Under Article 30 of the INTERPOL constitution, these individuals must expatriate their citizenship. They serve no allegiance to the United States of America. The IRS is paid by “The Fund” and “The Bank.” As America stood on the threshold of World War II Hoover continued a friendly relationship with the Germans who dominated Interpol, the Berlin-based international secret police. After the war Interpol moved to Paris and installed the prestigious Hoover as vice president. Interpol steadfastly contends it was independent of politics. The excuse appeared a bit lame when, in the 1970s, former SS officer Paul Dickopf became president. The IRS is directed and controlled by the corporate Governor of “The Fund” and “The Bank.” The Federal Reserve Bank and the IRS collection agency are both privately owned and operated under private statutes. The IRS operates under public policy, not Constitutional Law, and in the interest of our nations foreign creditors. The Constitution only permits Congress to lay and collect taxes. It does not authorize Congress to delegate the tax collection power to a private corporation, which collects our taxes for a private bank, the Federal Reserve, who then deposits it into the Treasury of the IMF. ORIGINAL ISSUE DISCOUNT OID stands for Original Issue Discount. The original issue is the product of the labor of a man. It is discounted by the public registry of the product. If the man stays in the private he has unlimited capacity to contract and produce. So, when the product is taken into the public it has to be discounted and a number value afixed in order to enter that value onto the accounting sheets. You can’t put “unlimited” onto an accounting sheet. The registration of the product for pubic consumption creates the exemption from taxation to the Creator of the Original Issue, and hence the profit (the difference between the wholesale and retail) from the sale of use of the original issue can only be taxed back to source, the Creator of the Original Issue. The purpose of the 1099OID is simply to alert the IRS where the interest is to be sent so that they can close out the fiscal year by sending the interest/tax back into the calendar year to the man, the Creator. Once the “strawman” has tithed back to the Creator, then the public man is ‘justified’ and becomes a ‘just (straw)man made perfect’. Most people seem to want to carry the ‘discount’ over, and hence they create deductions. Deductions are only the avoidance of settlement to a later date. The deductions create liability into the next fiscal year, because the debt is never taken into the calendar year 5 where the man is. But a deduction can only be created by paying the tax first. Deductions are different that exemptions. The deduction allows the IRS to close out its books for that fiscal year, but the debt is not taken into the calendar year to the man, but is rather deferred into the next fiscal year. I don’t know why people would do that. The question is - how is money created. It is a fact, that only men can create money. Only men are capable of labor, and labor and the product of labor is the only true capital or asset possible. This is all on what we would call the “private” side … of any account. Any debt, whether you call it a private debt or a public debt, must look to the private side where the surety (wealth) is held, ultimately for the exhaustion of the debt. In the public we deal with fictional debt. It is an assumption of a debt. So, we set up a trust which is a fiction so that we can go into equity to determine if and when all things are “fair” or in other words have we settled the public debt so that we can take it onto the private side for the settlement in fact. Anytime there is an interchange between people, especially if it involved a medium of exchange (which we call money), then there is a Resulting Trust by construction. If we look at it in a trust relationship, then we need to look at the parties to the trust. A trust typically has a Trustor (creator) who may or may not be the Settler (the one who brings the capital to the trust). It will also have a Trustee who has the “legal” obligation to “pay” all the legal debts of the trust from the assets of the trust. Also key to the trust is the Beneficiary for whom the trust was established in the first place. So, as an example let’s look at what we might call The Public Trust. The Public Trust is how we operate in this country. It differs from a Monarchy or a Sovereignty or a Corporate Sole which seem to operate as Private Trusts. At present, in this country and almost alll countries operate under admiralty/bankruptcy conditions. We used to operate under a “constituion” or “corporate charter”. You can study this concept of corporate charter by going back and reviewing the corporate charters of Virginia and North Carolina from the earliest of times. But lets go back in history to see how things have evolved. Emporer Charles the V, sacked Rome in 1527 and carried off most of the gold. As a result of the actions of the Swiss mercenaries who were faithful to the Vatican, what remained was taken to Switzerland for safe keeping. As a result, the Church was in danger of bankruptcy. The order of Jesuits was organized in 1534 to deal with the danger, and in consequence of this, Ignatius Layola was commissioned to “save” the bank. Consequently, the Bank of Rome was reorganized by Layola in 1540. This reorganized bank started branch banks in various countries and in 1694 the London, England, branch was formed and was called the Bank of England. The Bank of England, a branch of the Bank of Rome, was the first of what we might call it, a Central Bank. 6 Because of the banking practices of the Bank of England and the practice of Usury, the bank was shut down by King Edward VI (1547-1553). There were anti-usury laws passed which were overturned in 1571. Thus was established the Bank of England in 1694 as a private joint-stock association with assets in substance. In return for the loan to the English government of all of its assets, the bank received the right to issue notes and a monopoly on corporate banking in England. Of course, the principal could not be repaid as it accumulated interest (which had to be paid in substance), and so the bank took control of the government and people. When the colonist first arrived in the New World, they created colonial paper issue that was valued in direct proportion ot the goods, so that by use of the paper there was an exact exchange of paper for goods, and hence interest and usury could not exist because the paper did not represent debt, but was directly connected to the “original issue” or produce of the colonists. Hence, the colonists prospered. The Revolutionary War was not fought over a tax on tea, but the cause was rather the Parliament forcing the use of Bank of England issued “money”, which was issued as debt and accumulated interest on the usury practiced by the bank. After the “surrender” of Cornwallis, which was in reality only a cessation of open war, the British troops did not actually leave North America until 1896. After the declaration of bankruptcy, known as the Constitution, which was only a reorganization of the bankruptcy of the Articles of Confederation, a National Bank was formed and chartered in 1791, the charter to run for 20 years. After the 20 years expired in 1811, the US refused to recharter the National Bank, and so once again England (really the Bank of England) invaded the US and burned Washington, DC. It was known as the War of 1812. Consequently, the second National Bank was chartered in 1816. President Andy Jackson declared war on the bank and it was not rechartered when the second charter ran out in 1836. And so the people in the US lived without a central bank and usury until 1861. This period of relief from usury was a time of great prosperity and the upstart American traders soon threatened the iron grasp of the British Empire, whose traders operated through the Bank of England and its interest and usury. In 1861 in order to finance the War against the States, the Federal Government which went operational at the adjournment of the US Senate sine die, approached the Bank of England for loans. Since the bank wanted 28% interest on the loan, the president of the Federal Government, Abraham Lincoln, issued $450 million in US notes which were not issued at interest. This, of course, led to his assassination … the key here being ‘don’t cross the money lenders’ (remember what happened to Jesus of Nazareth when he went after the money changers in the Temple 1800 years previous). 7 After this time, a change was made in the US in regards to silver. The bi-metal mandate in the Constituion was negated by the efforts of Senator John Sherman of Ohio (brother to the General Sherman famous for his slash and burn technique of the war). The Bill to Reform the Coinage Act was passed in 1873, abandoning silver altogether for the “gold standard”, and the war almost broke out again in 1877, probably for the same reason that the original colonists had waged the Revolutionary War. DO NOT CONFUSE GOLD WITH THE GOLD STANDARD !!! Previously, the ratio value of gold to silver was 15 to 1, but with the “gold standard” the ratio was erased and the “gold standard” stood alone. With nothing to measure the value of gold against, the price of gold could fluctuate at the whim of the owner. So, what ended up happening in 1933, was that the Federal Government demanded that all of the 14th Amendment citizens (actually the corporate members of the US corporation) “contribute” their fair share of the loss by the good ship, USS BANKRUPTCY. Contribution is an action in Admiralty/Maritime whereas if the goods of one passenger has to be jettisoned to save the ship, then the other passengers have to contribute to that loss. So, in essence, since the US corporation was loosing it’s a** having to pay interest in gold to the Bank of England, the Captain of the good ship USS BANKRUPTCY required a contribution from all of the passengers (14th Amendment citizens). The gold was taken up, and in its place there were US Bonds issued in the trillions, 70 year bonds which have long since matured. I can’t say for sure where the actual gold went for storage, but appears that the bonds are principally held in Switzerland. Those bonds, which are fully matured by this date in 2008, are the guarantee for the contribution in gold that was put up in 1933. ***bold statement here*** It is my opinion here that if one of the people files a 1099OID for return of funds contributed into the public, the government has to either give the funds back or give the applicant gold to so that the man can recover his funds in gold, as the government bonds which were issued in 1933-35 are fully matured. So, either the government has to re-issue the bonds or give up the gold or … give something in place of the gold that is acceptible to the man. Most people seem to be content with FRNs, so every body walks away from the transaction happy and the gold stays in place. Win win for everyone. So, in essence we are leveraging against the gold, and in lieu of return of the gold we are offered FRNs which we accept. ____________ So, with all of that history in place, let’s get back to our conversation about operating in the public via a trust relationship. If we have a “gold standard” where does the gold ultimately come from? I have spent a lot time in the desert southwest of the country, and I have never seen one government 8 employee out prospecting or mining for gold. Oops, looks like gold is produced by someone other than government employees. What I have seen is men who have mined and refined gold who have tried to sell it for FRNs having the gold bullion confiscated by government employees wielding guns. ***remember, if you take gold and try to convert it into the “gold standard” you are getting back on board the good ship USS BANKRUPTCY!!!*** But again, the Trustor/Settler of the public trust is a man who labors (for gold or otherwise) as all value brought to the trust by the settler is the results of a man’s labor. A trust is a fiction, and so it goes into the public venue. If the trust is set up for the benefit of a fiction, such as a US vessel/strawman, then the trustee will no doubt be an attorney who can re-present a fiction in legal matters. Who is to be the beneficiary? In trust law, while it is true that the trustor cannot be the trustee, the trustor can in fact be the beneficiary. WHO GETS TO NAME THE BENEFICIARY??? IT IS THE TRUSTOR WHO NAMES THE BENEFICIARY!!! But … So, let’s look at the beneficiary for definitions, etc. NOTES OF BENEFICIAL INTEREST 1. Natural Law and Equity – where the legal title is deposited in the name of another, but the BENEFICIAL INTEREST is retained by he who is responsible for the ACQUISITION of the INTEREST, he retains the BENIFICIAL TITLE to the ACQUISITION. Commercially: all money is created on the private side by the labor of a man as asset money. If the private man wants to take his labor/asset into the public, then he becomes the SPONSOR OF THE CREDIT to the public trust, in other words John credits JOHN. The basis of all commercial energy is a bond issued from the private man complete with surety. An attorney is the one who transfers the value from the SPONSOR OF THE CREDIT to the PUBLIC TRUST (JOHN). But the SPONSOR OF THE CREDIT retains the BENEFICIAL INTEREST in the credit/money as the Beneficiary of the Trust. So, John gives energy to the Public Trust by crediting and bonding value for the use of John while he is in the public. A “resulting trust” is created between John and JOHN and the Trustee of the resulting trust would have to be an attorney/fiduciary to move the value from the PRIVATE to the 2. 3. 4. 5. 9 6. 7. 8. 9. PUBLIC, but since John acquired the money (100%) by his labor, he retains BENEFICIAL INTEREST in the ACQUISITION which is vested legally in JOHN. So, the only CLAIM that can be made on trust assets is the Beneficiary, John, because he holds BENEFICIAL TITLE to the trust assets which is the PRINCIPAL. Therefore, any “interest” on the “principal” is accrued back to the principal (by a Tax Return) who is the original sponsor of the credit. All interest (tax is upon any source derived – “income”) must accrue back to the Principal in order to adjust the books to zero. So, the Tax Return is the Tax Money accrued back to the principal in the nature of EQUITY INTEREST RECOVERY TO PRINCIPAL AND SURETY, because the Principal is the original Acquisition which was acquired by John and bonded as surety to the PUBLIC TRUST/JOHN. ***EQUITY CLAIMS MUST BE ASSERTED IN EQUITY*** 10. 11. 12. 13. 14. If the Beneficiary to the Public Trust does not assert a Claim and Demand the “tax return to principal”, then the Attorney will assume that the Principal as ABONDONED his claim in equity, and the Attorney/Trustee will escheat or probate the funds to the DEADMAN/PUBLIC TRUST/STATE/JOHN, perhaps into a transition or suspense account (under “salvage” in the Admiralty) in order to clear the PUBLIC ACCOUNT/TRUST and zero balance the bank account. So, if John who holds BENEFICIAL TITLE does exert a CLAIM IN EQUITY, which CLAIM is a TAX RETURN TO PRINCIPAL, the Attorney/Trustee would have to “attorn” (which means in essence a transfer from one leige lord to another)the funds being held in the public back to the SOURCE via the PASS THRU ACCOUNT, JOHN/strawman. Otherwise, the trustee must “attorn” or turn over the equitable remedy to John or else the trustee will be in BREACH OF FIDUCIARY DUTY to the PUBLIC TRUST/ JOHN which has the EQUITABLE LIABILITY to John because John has 100% interest in the ACQUISITION that created the PUBLIC TRUST/JOHN. If the Trustee fails in his fiduciary duty, then the trustee becomes TRUSTEE IN MALEFICIO and all of his acts become VOID IN TOTO being ULTRA VIRES (beyond the scope of his corporate chartered legal capacity) and then the Attorney’s assets could be seized to mend the BREACH. So, the trustee is committing fraud against the PUBLIC TRUST/JOHN and his FALSE CLAIM is demurrable in EQUITY. _________________ So, how does all of this relate to the IRS form 1099OID and its use? I have gone a long way around here to get to filling out a recovery form. 10 Based on all of the history and information that has been shown in regards to trusts, etc., let’s take a look at the parties. Let’s use my Uncle Richard. Uncle was a tobacco farmer in the fine tradition of tobacco farmers in Kentucky. He raised tobacco and at end of year would harvest and condition the tobacco for sale. At the sale time, he would load the tobacco onto his truck and haul it to the tobacco warehouse in Lexington. There it would be unloaded and put onto flat baskets, displayed in a way to best entice buyers of Uncle’s crop. A tag was put on the tobacco flat and Uncle was given a receipt for the tobacco to reflect the weight of the tobacco and of course, ownership. Shortly, buyers would come around and bid on the baskets of tobacco. When a bid was made on Uncle’s tobacco, which reflected how much the buyer would pay wholesale for the tobacco by weight, Uncle went to the cashier with his receipt and the cashier would pay him for his crop based on the bid of the buyer. So, now Uncle takes his tobacco check to the bank and pays off all of his crop, fertilizer, fuel, and etc., notes at the bank. If anything was left over he might buy a new pair of biboveralls that he could wear to church or other important social events. Okay, now lets trace the tobacco from the warehouse. So, what really goes on from the time Uncle decides to put in another crop of tobacco and until it reaches the Marlboro Man? Well, first Uncle had gone to the bank for public funds to finance his crop, fertilizer, insurance, and the like. He signed a note which the bank converted giving Uncle a line of credit. The bank created an account payable and accounts receivable. The note was the account payable side which to the bank was a cash item. To balance the books, the bank created the set off for the note in an account receivable. Of course, the bank “hid” the cash item, most likely in an off ledger balance sheet, and thus only showed the account receivable meaning that it “appears” that Uncle owes some sort of mortgage, or dead pledge. So, when Uncle shows up at the bank with the crop check from the buyer, instead of redeeming his note, he simply provides for the second time the set off of the account receivable. So, what happened to the original note Uncle signed? Well, since Uncle did not demand it back, the bank no doubt treated it as abandoned, and probably bundled it up with other such debt instruments and sold them to some foreign entity as a collectible against the UNITED STATES. In reality the crop check should be Uncle’s profit for his labor, but instead he turns it over to the bank to relieve the account receivable which only furthers the FRAUD OF THE BANK. The credit that was extended to Uncle as a line of credit was funded by his note. So, the line of credit was PREPAID!!! It did not require a repayment from Uncle’s crop “loan” which was not a loan in fact, but was a conversion by the bank of Uncle’s note. The way to prove the fraud of the bank is, of course, the IRS form 1099A wherein the maker of the note is listed as the “Lender” and the bank is rightfully exposed as the “Borrower”. But more of that later. 11 So, by the time the Marlboro Man lights up, the money that was created by the bank on Uncle’s note, is setting in the bank vaults as abandoned funds. It is abandoned since no one has paid the tax on it so as to be able to collect. Or in the other situation, because Uncle did not prove up on his exemption he is drawn into the assumption of debt. This is all under salvage law in the admiralty/maritime. Abandoned goods are just sitting waiting for someone to put in a claim for them. In this case, and for the purposes of this discussion (as there are other remedies available) the claim form that we are going to use in the admiralty/ maritime is going to be the IRS form 1099OID. The purpose of this form is to identify who the “paymaster” is on this account and to also demonstrate that the paymaster is withholding the funds due to the recipient. Since the paymaster is withholding the funds under fraud, then it can only be construed as an involuntary withholding. A note here is worth considering, and that is that since we are operating under admiralty rules, we are in an adverse situation. In reality the bank is in adverse possession of the funds, but is not required to reveal their own fraud unless confronted. Go back to the above notes on beneficial interest. ***EQUITY CLAIMS MUST BE ASSERTED IN EQUITY*** If the bank is withholding your funds then as the Benficial Interest Holder of the Trust the Beneficiary must make a claim for the benefit. Okay, you say sure, and what are the chances of the bank giving up the money that they have hidden off ledger? Probably slim to none. So, we will have to use the services of a third party debt collector to go and seize the funds back from the fraud of the bank back to it’s rightful owner. So, let’s go to the All Seeing Eye, the IRS … Yep, our good friend, the international accounting firm of the World Bank and the Fund, have warehouses of computers online watching every last penny! In other words, the IRS can reach out and find anything whether you are sleeping or awake. So, when we put in our salvage claim for the abandoned funds, we use our favorite third party debt collector, the IRS, and they go out and collect and return the value of the note/cash item back to the principal. Now let’s take a look at the forms involved. 12 13 14