Correct the W2! Someone made a false claim against me, I need to correct the record. Rebut the claim.

Now that we’re in tax season, it’s important to correct any erroneous claims on W2 and 1099 forms. See sample letter below.

Introduction

Only do this if thou really knows what this all means. Those still brain-washed might get themselves accused of making ‘frivolous’ claims. So proceed carefully. A frivolous claim is something that contradicts a pre-existing premise. If one calls themselves a federal U.S. citizen, one cannot then claim they don’t owe the tax on federal income. A federal citizen is either an employee of the federal corporation or the federal gov’t or someone born in the territories.

The W2 is often/usually a erroneous claim that one exercised a federal privilege and thus has earnings that are taxable and must ‘make a return‘.

However, if thou did not (1) work for the federal government, (2) sell to the federal government, or (3) drill on federal land, amongst other similar actions, then chances are the W2 is incorrect and must be rebutted on paper!

If someone claimed to the sheriff that I stole a car, I would need to rebut that claim, otherwise the false claim stands and can be used against me. I can’t just show up day of court and state otherwise. I must push paper! Their courts and agencies only see paper. I must get the truth on paper and recorded.

This is not legal advice! I am not in the legal society. All written without prejudice and with all rights reserved.

Concurring Opinion in Video

About halfway through, this man explains one must correct or rebut erroneous 1099 and W2 form. Regarding the 1099, he says the bottom of the 1099 says its for those in a trade or business, which is defined in the tax code as the performance of the functions of a public office. 

So here’s one letter one might send to the Social Security Administration:

From No Thanks IRS – David:William

  1. “This is why you have to SEE how the SCAM works and understand HOW the W-2 or 1099 (or whatever else) is being used as evidence against you.
  2. If you were on trial for murder and they came forward with false evidence, you would be crazy not to say something! Yet people sit there and let false evidence go unrefuted in their tax matters. Then they wonder why the IRS won’t listen to them!”
  3. “He fought this in Tax Court and lost. His returns were deemed invalid, so it was like he never filed anything because his W-2 forms or whatever, were left standing UNDISPUTED administratively.”
  4. “Yes. The W-2 filed by the 3rd party establishes facts and conclusions of law that are not refuted by arguing merely “but this wasn’t wages”. “Wages” is a term of art found in IRC Sec. 3401 and 3121 about withholding. Just because an item is not “wages” does not mean it could not be “gross income”.
  5. If you look at any W-2 form, you can see that the amounts reported are not limited to “wages”. It says “wages, tips, other compensation“. The term “compensation” is short for “compensation for services performed within the United States“.
  6. “The CTC returns I filed were not deemed valid. So the IRS did an audit as though no return had ever been filed. They can do that and ALSO impose a frivolous return penalty. “
  7. “For Tax Court, the deficiency is presumed correct once a rational basis is shown by IRS. All they need is a W-2, a 1099, or even bank records. Any available information if they target someonewho did not file a return. The idea is Pete should have filed a return to properly show his disagreement in the administrative record – So it was his own fault for not knowing how and why to participate
    in the process.”

Read more hereThe Income Tax Challenge. A transcribed interview with David:Williams of NoThanksIRS

Note

Update: I added a note about ‘compensation’ in relation to 26 USC 861, noted by David: Williams. This only applies to Box 1 of the W2 form.

Based on David’s quotes above, I may need to revise this letter to explain my earnings were not ‘compensation’ as defined in the code. 

Sample Letter

Given Name: [add]

Family Name: [add] [ add non-domestic location; no zips; no abbreviations]

 

February 12, 2022                     Certified Mail #: _________________________

Social Security Administration

Direct Operations Center

Wilkes-Barre, PA 18769-0002

 

— NOTICE —

This notice rebuts information returns submitted by the private sector companies listed below. In each case, the private sector payer misrepresented the nature of the payments made to me and mistakenly reported i was paid “wages” as defined in Internal Revenue Code Sections 3401(a) and 3121 (a).

Private-sector payments were mischaracterized as “Wages, tips, other compensation”. The following code sections define these terms:

  • Section 3401(a) states that the term “wages” “means all remuneration…for services by an employee…”
  • Section 3401(c) defines the term “employee” as “an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing.”

Since I am not an employee “of the United States,” as defined by 3401(c), I was not paid “wages” as defined in 3401(a).

I was also not paid compensation because (1) I am not a citizen or resident of United States, (2) I don’t reside in United States and (3) I don’t work in United States.

As a result, the private sector payers mistakenly withheld payments from non-wage, non-employee, private-sector receipts, and the private sector payers mistakenly diverted these amounts to IRS as “Federal Income Tax”.

Rowan Cos. v. United States, 452 US 247 (1981) reads: “The plain language and legislative histories of the relevant statutes indicate that Congress intended for its definition of ‘wages’ to be interpreted in the same manner for FICA and FUTA as for income-tax withholding.”

Therefore and furthermore, these private sector companies also mislabeled payments as “Social security wages” and “Medicare wages”. These IRS code sections define those terms:

  • Section 3121(a) defines the term “wages” as “all remuneration for employment.”
  • Section 3121(b) defines the term “employment” as “any service…performed…within the United States…” or if “outside the United States by a citizen or resident of the United States…”
  • Section 3121(e)(2) states that “the term ‘United States’ when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.”

We also know that United States can mean a corporation, per 28 USC 3002:

(15) “United States” means—(A) a Federal corporation;

Since (a) I did not perform a service in the United States (either the corporation or geographically) and (b) I am not a citizen or resident of the United States, these private sector employers did not pay me “Social security wages” or “Medicare wages.”

These private sector companies mistakenly withheld payments from non-wage, non-employee, private sector receipts, and the private sector payers mistakenly diverted these amounts to IRS as “Social security tax” and “Medicare tax”.

Under the withholding and reporting requirements set forth in 26 USC § 6051, the IRS form “W-2 Wage and Tax Statement” is used as a written statement of the total amount of “wages” paid to an “employee”, as well as to report amounts deducted as various income taxes on those wages.

However, i was not an “employee” as defined in 26 USC § 3401(c), and the private sector receipts that the Payers owed to me were not “wages” as defined in the Internal Revenue Code Sections 3401(a) and 3121(a).

Accordingly, the information reported by the private sector payers to IRS is BAD PAYER DATA, and the amounts withheld and forwarded by the private sector payers to IRS as “Federal income tax, Social Security tax, and Medicare tax” were done so in error.

Lastly, i am not a statutory U.S. Citizen as defined in 8 U.S. Code § 1401(a) to be “(a) a person born in the United States, and subject to the jurisdiction thereof…”

I am not a resident or resident agent of STATE OF __________. I am not citizen of the federal government. I do not hold or occupy the office of citizen. I don’t work for United States.

i am a [add state national term: Texan, Floridian, etc.] because I was born on [add state name]. See the U.S. Government Printing Office Style Manual, section 5.23.

Again, the information reported by these private sector payers to SOCIAL SECURITY ADMINISTRATION, INTERNAL REVENUE SERVICE and/or IRS is bad payer data. Please note the correct amounts below and update your databases. Please also inform any parties that received this incorrect.

The companies listed below specified that the information returns pertain to social security number [       ].

I completed the W4 under duress as a condition of working at the private sector company, thereby making the W4 null and void. Furthermore, the private payers do not realize they are mis-using federal government forms or UNITED STATES forms and their officers are reporting incorrect data.

This statement serves as my dispute, rebuttal, correction, and amendment in response to the private sector payers’ erroneous claims that they had paid me “wages” as their “employee”, amongst other inaccuracies noted above.

 

Year: 2021

[employer name and location. No zips! No abbreviations]

 

[my name and location]

 

Fed Employer ID:

State:

State Employer ID:

Employee’s social security number:

 

Wages, tips, other comp………………… 0.00

Federal income tax withheld….. [add here]

Social security wages…………………….. 0.00

Social security tax withheld……. [add here]

Medicare wages and tips……………….. 0.00

Medicare tax withheld………….. [add here]

Social security tips……………………….. 0.00

State wages, tips, etc…………………….. 0.00

State income tax………………….. [add here] Local wages, tips, etc…………………….. 0.00

 

[repeat if more W2s need to be corrected]

W2 Form

For reference, here is the W2 form. I guess some people might complete their own form. I prefer the letter since those forms are for the internal processes of United States.

Screenshot of W2 form 2022

Related

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2 comments on “Correct the W2! Someone made a false claim against me, I need to correct the record. Rebut the claim.

  1. You can add that the so called employer doesn’t have an IRS form 2678 signed by a delegate of the Secretary of the Treasury authorizing the so called employer to be a withholding agent for the IRS.

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