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IRS totally botches the "withholding exemption certificate" authorized by IRC 3402(n) (aka 26 U.S.C. 3402(n))


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----- Forwarded Message -----
From: Paul Andrew Mitchell, B.A., M.S.
Sent: Friday, March 1, 2013 2:56 PM
Subject: IRS totally botches the "withholding exemption certificate" authorized by IRC 3402(n) (aka 26 U.S.C. 3402(n))


My Fellow Americans,

This brief discussion compares the latest IRS Form W-4
with the Federal law authorizing the "withholding exemption 
" at section 3402(n) of the Internal Revenue Code
(also known as 26 U.S.C. 3402(n)).

You will see below that the change which IRS made
to Form W-4 is obviously NOT faithful to the clear language
found at IRC 3402(n) as enacted by Congress.

The last time we checked, the term "withholding exemption certificate"
occurs seventeen (17) times in that one Federal statute!

Soon after "The Federal Zone" was first published in 1992,
IRS finally caved in -- by modifying Form W-4 in such a way 
 to mimic (but NOT reproduce) the language of IRC 3402(n)
which expressly authorizes "withholding exemption certificates".

BUT, for starters, the title of Form W-4 gives it away:
"Employee's Withholding Allowance Certificate" ...
OBVIOUSLY ONLY for "employees" as defined!!

Maybe this will help:  
EVERY TIME you see the term "employee" in this context,
please change that term to "Federal Government worker" and 
that one change should clear up a LOT of confusion 
you and/or your CPA may still be experiencing.

Now, let's do a careful and honest comparison of IRC 3402(n) and 
Line 7 on IRS Form W-4 for 2013:  (see Line 7 in chief)

3402(n) does NOT talk at all about "right to a refund"
or "this year I expect a refund":

Here's that subsection (n):

(n) Employees incurring no income tax liability 

(1) incurred no liability for income tax imposed under subtitle A 
for his preceding taxable year, and
(2) anticipates that he will incur no liability for income tax 
imposed under subtitle A for his current taxable year.

THE MAIN ISSUE here, obviously, is whether or not there was a specific
LIABILITY FOR INCOME TAX in the preceding year and in the current year.  
The word "refund" is not even mentioned, and not even implied either!

And, as you should now know, there is no Statute at Large (Act of Congress)
creating a specific liability for Federal income taxes imposed
by subtitle A of the Internal Revenue Code:   (lots of further reading at the end, too)

By comparison, Line 7 on IRS Form W-4 reads very differently:

• Last year I had a right to a refund of all federal income tax withheld 
because I had no tax liability, and
• This year I expect a refund of all federal income tax withheld 
because I expect to have no tax liability.

As such, Line 7 on IRS Form W-4 necessarily implies that 
"I had federal income taxes withheld last year and
I am having federal income taxes withheld this year."

That in turn implies that WITHHOLDING was already previously authorized


Moreover, line 7 on IRS Form W-4 creates a very special problem
for young people who are starting their first paying job, and
they are told they MUST execute Form W-4:  as such,
they cannot claim that they "had a right to a refund
of all federal income taxes withheld last year"
 most likely
because they did NOT receive any paychecks last year
and consequently they had no federal income taxes
withheld last year either

In point of fact, IRS Form W-4 is a Certificate Allowing Withholding
from the paycheck of a Federal Government worker and
with the addition of Line 7 on that Form W-4, IRS has failed
to reproduce faithfully the legislative intent that is quite clear 
from the language enacted by Congress at IRC section 3402(n).


For more detailed discussion of "withholding exemption certificates"

If you want to delve much deeper into the fraud
of "payroll withholding," see how "State" is another
"special definition" in the Public Salary Tax Act,
and it does NOT refer to a "State" of the Union:

And, the legal significance of a perjury jurat is explained in more
detail here, particularly as it occurs on IRS Form W-4:

Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
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March 4, 2013 in Current Affairs | Permalink