winona rosa

Thursday, August 4, 2011

The Title or Appellation of a Person.

The sovereign was the natural person with the two names written in upper and lowercase letters, they had to give you the same benefit, or the same privilege or right on the other side in equity. And that person was called a non-resident alien, someone who is not subject to the jurisdiction.
The Second Person
The second person I want to deal with is the person in all capital letters, and that person is called a vessel of the United States. You find that in the United States Government Printing Office Style Manual. You can find that in most law libraries. In section 11.7 it says, "Names of vessels are quoted in matters printed in other than lowercase roman." And it shows a vessel written in all capital letters.
A Vessel
A vessel of the United States has been defined in Title 18, section 9, "Vessels of the United States defined. The term vessel of the United States as used in this title means a vessel belonging in whole or in part to the United States or any citizen thereof or any corporation created by or under the laws of the United States or any State or Territory or district or possession."
It is typically a vessel which is registered, enrolled or licensed. So anyone who is licensed, registered — you have to register your car and register your property — these are all vessels belonging in whole or in part to the United States. And that’s where that comes out of, when they extrapolate it for the admiralty.
So when a person goes down and signs up for social security, they are creating a vessel in all capital letters. When you walk into the social security office, you have to have a birth certificate. Many people are saying the birth certificate is our enemy. In reality, it is our friend.
Foreign Situs Trust
Natural personality, the legal personality of the individual human being, begins upon birth and survival of birth.
When you get your birth certificate that is when the person with the three names comes into existence and that is your remedy in equity. If a person were to put all of his property under the name on the birth certificate, that is written in upper and lowercase letters, that person’s property would be protected — and if he doesn’t use a social security number — will be protected from the government, because that is considered in law as a Foreign Situs Trust.
Under trust there is a place that says "Foreign Situs Trust," and it says "A trust which owes its existence to foreign law. It is treated for tax purposes as a non-resident alien individual. Many of us in this movement have heard of that _expression, but what we didn’t know is that it is a trust, because all of equity is a trust.
You don’t put periods, comas, colons, semi-colons or anything else, because every time you do something like that, it is not the way it is written on the original birth certificate; you change the meaning of it. That’s what they mean by title or appellation
The Next Name
The next name is the name written in upper and lowercase letters with an initial. That person comes into being on the W-4 form. The W-4 form says, "Write your first name, middle initial and last name." trustee that is the who turns over the res to the federal government, because a trust is created whenever property or money or title is transferred, and that’s automatic.
The Corporate Name
There is another name, which is a Corporate Name, but we’re not dealing with corporations. You can have a corporation named after yourself, and that’s a separate entity, too. That is in all Capital Letters. Most corporations are vessels of the United States, and that’s why whenever you see "In Personam," In Personam is Contractual, and the contract that got you into this was the SS-5 SSA application.
An Equitable Estoppel
Unless you change the record, re-vest title it is called because you divested yourself of it, and revoke the fiduciary relationship and the power of attorney, you cannot get remedy, because it is called an Equitable Estoppel.
An Estoppel is when one is precluded from telling the truth by his prior actions.
Two Types of Birth Certificates
There are two types of birth certificates that are issued. A friend gave me the two birth certificates one is called a Certificate of Live Birth, which has the names written in upper and lowercase letters. There is another one called a Certification of Vital Records, State of Colorado, and that is written in all uppercase letters. So when a baby is born now and it gets a social security number, they very seldom get a Certificate of Live Birth now. They get a Certification of Vital Records, and the person written on it is in all capital letters, and that is considered a vessel of the United States owned in whole or in part by the United States.
That’s the important thing; all these relationships in equity are voluntary.
A Contractual Relationship
The following explains the agency relationship that we have with all these government agencies. It says they are all contractual.
American Jurisprudence 2d, under agency, section one.
The term agency means a fiduciary relationship by which a party confides to another the management of some business to be transacted in the former’s name or on his account, and by which such other assumes to do the business and render an account of it. It has also been defined as a fiduciary relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control and consent by the other so to act. Thus the term agency in its legal sense always imports commercial or contractual dealings between two parties by and through a medium of another.
The "Res"
When you look at the 14th amendment, it talks about a person being born subject to the jurisdiction. When you look up the word "born" you’ll find it talks about delivery. When you look up "delivery," it is when the res is transferred constructively over to another party.
Okay, the "Res" meaning the thing?
The thing itself, or the person, the property, or future rights to property.
When they pass a law, they always must pass a remedy to that law, because this is still a free country. You have a right to do it or not to do it.
There used to be patriot mythology which said if you crossed the bar you grant jurisdiction. You granted jurisdiction when you signed up for social security. That’s when you changed your name. Trust law states that whenever title is transferred, a trust is created by operation of law, or whenever money is transferred, it is the operation of law, a trust is automatically created. You find that in AmJur when you look under trusts.
AmJur it explains that it is not a constructive trust. It is an express trust.
A constructive trust is created behind your back. However, you expressly transferred title.
You didn’t know that you were doing that, but under their law, you are presumed to know the law. Under trusts in AmJur you’ll see how that works. When one person delivers money to another for a specific purpose, the transaction becomes a trust. So it is automatic. It also says whenever title is transferred, a trust is automatically created. It’s by operation of law, and it is an express trust because you went in there and asked to have it done.
You walked in with your birth certificate, the one in upper and lowercase letters, and you transferred title, and from then on you were known, not as the three-named person on the birth certificate, you are now known as the person in all capital letters.
This express trust is created through the SS-5 social security application. So now you have asked the government to step in and play a fiduciary responsibility over the property of the trust, the Property of the Trust is You
A Fiduciary Relationship
26 CFR, section 301.7701-6, Definitions, Persons, Fiduciary. Fiduciary distinguished from an agent. There may be a fiduciary relationship between an agent and a principal . . .
The principal is the person who walks in and signs up with the government. The agent or the representative is the IRS, so forth.
But the word agent does not denote a fiduciary. An agent having an entire charge of property with authority to effect and execute leases and tenant. .
The Power Of Attorney!
People need to realize the power of attorney is the 1040 form
. . . entirely on his own responsibility and without consulting the principal, merely turning over the net proceeds from the property periodically to the principal by virtue of the authority conferred upon him by a power of attorney
26 CFR 601.503 "Requirements of a Power of Attorney, Signatures, Fiduciary’s and Commissioner’s authority to substitute other requirements." This describes what a power of attorney has in it. The 1040 fits the description. It has everything the power of attorney must have in it. That’s where we gave them the power of attorney.
"United States" District Courts
Many people go into the United States District Court, and that court is a territorial court. It is not the court of law court.
It is created by virtue of the sovereign congressional faculty granted under Article IV, section 3, of that instrument. Balzac v. Porto Rico, 258 US (Supreme Court).
The proper court to go into is the "district court of the United States," small "d," small "c," and that’s the law side of the court. However, to get into that court your status must be correct.
In "Equity"
When you are in equity, you have to do it according to their rules, because in equity they create the rules. A lot of things we are doing are under law and not under equity, so we have to know how to do them under equity, based on their rules. Because we "Volunteered" in, we have to go by their rules.
The Power to Re-Vest Title
26 CFR 1.676A-1, Power to re-vest title to portions of the trust property in grantor; general rule. If a power to re-vest in the grantor title to any portion of a trust is exercisable by the grantor or non-adverse party or both, without the approval or consent of an adverse party . . .
That’s the government. So you have the power to revoke the power of attorney and re-vest and to terminate. You must do this on a government form, and you must know how to do it.
The Grantor Type Trusts
Because the birth certificate is an irrevocable trust that is set up, and that is one of the secrets. It is an irrevocable trust and you cannot change the name on that unless you go to court. You cannot change it any way, shape or form because you did not create that trust. The grantor type trusts that are created under Social Security, you can change at any time, and you can revoke at any time because you created that trust, but your property is brought down through generations, in equity, because that’s what a trust is, and equity has existed for hundreds of years under the law of use from England. So this is what happens, you have an irre the person who is neither a citizen nor resident of the United States, sui juris, is the Christian appellation or the legal name. Legal as opposed to equity.
A Vocable Trust
Vocable trust that is on the birth certificate which you cannot change.
Legal name. Under common law, consists of one Christian name and one surname, and the insertion, omission, or mistake in middle name or initial is immaterial. The legal name of an individual consists of a given or baptismal name usually assumed at birth and a surname deriving from the common name of the parents
Christian name is necessary in any process reverting one back to one’s natural self.
"Sui Juris"
. He is sui juris, and we all agree on that. The common law person is sui juris, outside of equity, so he is the only one that can do this procedure. Another thing is the Address must be written in a Foreign Address because it is the law of Domicile which determines what laws are going to be applicable
When you look up "born," it gives you the word "deliver." When you look up "delivery," it is when the res of your trust, the birth certificate (written in upper and lowercase letters, not the one that is now in capital letters on the bank paper), is transferred constructively to the Federal government. Under Am Jur, under "trust," it says that whenever title is transferred, or property is transferred, a trust is automatically created by operation of law, regardless of the intent of the parties. So, when you walked in with your birth certificate in upper and lowercase letters and you transferred title, you created this new entity in all capital letters
The Straw-Man
Black’s Law Dictionary, 6th Ed., on page 1142, definitions of persons. To understand this even further, Black’s Law Dictionary uses the word "entity." When you look up "entity," it is defined on page 532 as "a real being, existence, an organization or being that possesses separate existence for tax purposes." So they got you to create this separate being, this so-called straw man, person, entity, corporation, trust, partnership, whatever, so they could tax that. That’s the entity they are taxing because they have no legal authority to tax the individual. The 16th Amendment gave them no new authority to tax anybody.
So the law says you have the power to change this situation and to revoke that situation at any time.
The Different Kinds of Law
Volume IV, Business Law, by Nathan Isaac. It talks about the different kinds of law that must be dealt with: Contract, agency, corporation, trusteeship, and one they don’t mention here is admiralty, which is insurance. That’s where the Social Security comes in that puts us I but it says you can cancel the admiralty contract. There is an agency relationship. can If you look up "agency" in Black’s you’ll find that you hired the IRS to handle this account
for you, and it is a power of attorney. If you don’t revoke the power of attorney, then the attorney come around your back and undo everything you’ve done.
An attorney said. This is out of the Rocky Mountain News, November 13, 1995, in Colorado. He says, "The power of attorney should not be given to another person lightly. It depends on the scope of the document. ... If it is financial [the power of attorney], it can give the agent [the person who gets the power of attorney] the ability to rob you blind." And that’s what these guys are doing to us, they are robbing us blind.
It also says here that you have to revoke that power of attorney. Am.Jur. under agency says you have to revoke the instrument. Many patriots seem to be under the impression that you revoke the signature, but that is not correct. You revoke the instrument.
Look in Am. Jur. Encyclopedia of the Law under "agency" and it will tell you how that agency relation works and how that agent can undo everything you have done, if you do not revoke it.
Give you an example, under UCC you will not find murder. The UCC only covers two things, orders to pay and promises to pay. Murder doesn’t come under that. It has been said that commerce is defined in Title 27, and all crimes are commercial. That may be, but they are commercial because they are admiralty. What puts you in admiralty is the insurance program of social security. Insurance is under admiralty law. That’s what gets us into commercial activity with the government, across state lines. You’ll find all those crimes listed in Title 27 U.S.C. section 72.11 in Benedict on Admiralty 7th Edition Revised, Jurisdiction and Principles, 1988 Supplement. It lists all the crimes in Title 27 as under admiralty law because there are no common law crimes in the federal jurisdiction, so they all must be commercial
The Vessel
That’s why they 20 CFR 404.1004, part 3, American vessel means a vessel documented or numbered under the laws of the United States.
So that’s what vessels is, and remember, the vessel is the straw man. You’ll see that in the Government Style Manual are commercial crimes, and what puts you in that jurisdiction is the contract
Title 26 is the Trust Fund, and it is the Puerto Rican Trust. Trust 62
Statutes at Large, Volume 48, 73rd Congress, Session 2, Chapter 756, June 26, 1934. Under that section you’ll find that the trust is called #62 Puerto Rico Special Fund Internal Revenue. So Title 26 contains the laws of the trust. In fact, all the titles are the laws of the trust. And it says in here:
The funds appearing on the books of the government and listed in subsection (b) and (c) of this section, shall be classified on the books of the Treasury as trust funds. All monies accruing to these funds are hereby appropriated and shall be disbursed in compliance with the terms of the trust. Hereafter, monies received by the government as trustee analogous to these funds named in section (b) and (c) of this section and not otherwise herein provided for . . .
The Puerto Rican Trust
It gives the names of quite a few of the trusts, and #62 is the Puerto Rican Trust.
Another section people want to look at is Title 31 Money and Finance, sub-chapter 2, Administrative, section 321, General Authority of the Secretary, and #2 under that says:
For the purposes of the federal income, estate, and gift taxes, property accepted under paragraph 1 shall be considered as a gift or bequest to or for the use of the United States.
So all the monies that are given to the United States are from the trust and they are gifts, because the trust that is created on the social security is a charitable trust, and the government is not taxing the individual, they are taxing the trust, because the flesh and blood person they cannot tax without apportionment. So they are obeying the law, the thing is, we don’t know what the law says.
The 14th amendment doesn’t really talk about two citizenships. It creates a new one, which is a federal citizen. Those citizens are from Guam, Puerto Rico, American Samoa and the Virgin Islands. Supra.
Was set up in Puerto Rico, so when you state you are a United States citizen, you are a citizen of Puerto Rico. That’s where you immigrated. An American National doesn’t have to be naturalized. The 14th amendment talks about being naturalized, well what you missed is, "all persons born." When were you born? Look up the word "born" in a law dictionary. It mentions the word "delivery." "Delivery" is when the property or the res was transferred, and that’s when you transferred your name or title from the person on the birth certificate, written in upper and lowercase letters.
The Alien Individual Trust
When they transferred over to equity, they had to give you something equivalent to a sovereign individual, and that equivalent is called the non-resident alien individual, which is a trust.
. You find that in Black’s when you look under "trusts," it says foreign situs trust and it says it is a trust which owes its existence to foreign law. It is treated for tax purposes as a non-resident alien individual
. But a nonresident alien working for a corporation can be taxed. However, that is because he is within their jurisdiction, and he is working for a corporation. However, you can get an exemption, and there is a form for that. There is a form for a person who works for a corporation, and there is one for the independent contractor. That’s the term for the freeman in equity, but he must have an exemption.
A Violation of Fiduciary Duty
They now call a freeman a nonresident alien individual?
There are no debtors in prison — the law says there are no debtor’s prisons in America. However, there are prisons for violation of fiduciary duty
So that is what people are being thrown in jail for, a violation of fiduciary duty, because they created this trust, made the government partial beneficiary of the trust, and they hired the IRS to handle that account and to effectuate their conduct and the conduct of third parties, the employer or whoever else you do business with. And that’s why you don’t get any remedy. And that’s why people end up in jail -- violation of fiduciary duty. They do not tolerate that, at all.
Trust Fund Taxes or Employment Taxes
What people need to know, the tax in question that is being collected is not an income tax, it is called trust fund taxes or employment taxes. That is the tax that is being collected, trust fund taxes, and they are called employment taxes.
You’ll find the thing on employment taxes in Title 26 Internal Revenue section 3401 and it says "Employment taxes. The term employment tax means any tax imposed by Subtitle C of the Internal Revenue Code of 1986." You’ll find that codified in 26 CFR 801.401 Employment Taxes, and it says, "Federal employment taxes are imposed by Subtitle C of the Internal Revenue Code." When you look under Subtitle C, you’ll find that the tax is voluntary, and that’s called a voluntary withholding agreement. That’s in 26 CFR 31.3402P-1, voluntary withholding agreement
Taxing the Fictitious Entity
The trustee is the one who pays the taxes. What is being taxed is the trust. The tax is attributed to the trust that you set up. That’s what is being taxed because they have no lawful authority to tax the individual, the natural person. When you look under "persons" in Black’s Law Dictionary, it talks about entity. When you look up "entity" in Black’s, it says, "A real being, existence, an organization or being that possess separate existence for tax purposes." So they created another entity, called a trust, in order to tax, because they knew they couldn’t tax the natural, common law individual. The live individual they cannot tax. They are taxing the fictitious entity.
So they got you to create this separate being, this so-called straw man, person, entity, corporation, trust, partnership, whatever, so they could tax that. That’s the entity they are taxing because they have no legal authority to tax the individual
Status of vessels of the United States. Vessels documented under the laws of the United States are entitled to privileges and subject to the obligations described by the laws of the Untied States for merchant vessels.
So here it says it is the documentation that gets you in trouble.
Section 81.4 under Regulations, Appendix B-13, Status of American undocumented vessels. American undocumented vessels are not under the jurisdiction of the United States and consequently are not subject to the obligations nor entitled to protections.
Admiralty Law Extrapolated On Land
Here it is saying it is the documentation that gets you in trouble. Then if you want to find out what the number does you go to section 783.41, which talks about the number of the vessels, and it says you are required to have a number if you are going to operate in admiralty waters, which is on their highways and their business and contracts — that it’s not the number which gets you in trouble, it is the documentation.
The government has a form to cancel the documentation or the SS-5 application. So I’ve proved my point right there. They think it is very important to cancel the application. It says nothing about the number. When you apply for Social Security, it doe So unless you get rid of the documentation, and there is a form to do that, however, it must be done in the correct way, then you are subject to the obligations, if you don’t get rid of that documentation. And if anyone wants to see what the documentation is, they even define what documentation is, and here it is. You’ll find it in the same thing, Benedict on Admiralty, section 783.41, "Numbered vessels." And in it, it says it is not the number that does you in; you need a number to operate in admiralty. They say it right there. And remember, they took the admiralty law extrapolated on’t say on the SS-5 that you are applying for a number, it says you are applying for a card, or the documentation.
So the straw man, I want to make this clear, is a person, corporation, trust, and all those things which are considered vessels or entities, real beings possessing separate existence for tax purposes. And you create that entity when you sign up for Social Security. That’s
when you created the straw man. You created it, they didn’t, and the law says you created this when you walked in and you transferred title.
Another thing about the document of title, I believe there are two birth certificates. There is the one they give now, which is on the bank note paper. I believe that one you actually transfer title. The previous ones written in upper and lowercase letters, and certificates of live are birth, versus those new ones you get now, which are documents of title that you still hold, but what it says is you transferred it constructively. When you look up "delivery," it says it is not actual transfer; it is constructive delivery of the trust. It is constructive, not actual, so you still have title. I already read that the law says you are treated as the owner, even though you are not treated as the owner underneath their law. And at all times you have the power to revoke. Oddly enough, there is a law that says you can revoke this fiduciary relationship of principle and agent that you got yourself into.
Code of Federal Regulations 26 CFR 301.6903-1 Notice of Fiduciary Relationship. When the fiduciary capacity has terminated, the fiduciary, in order to be relieved of any further duty or liability as such, must file with the District Director...
The District Director is the District Director of the IRS in your region or area, and it is not the Secretary of State
Eric Wesley Lynch P.O. Box 1405 Wheat Ridge, Colorado 80034-1405 (303) 432-8037
George Paffenbarger, III

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