Detecting language using up to the first 30 seconds. Use `--language` to specify the language Detected language: English [00:00.640 --> 00:01.880] Welcome to the show. [00:01.880 --> 00:03.980] Whether you have some knowledge of law [00:03.980 --> 00:06.600] or maybe just from TV and movies, [00:06.600 --> 00:10.080] you're likely aware that the government needs a warrant [00:10.080 --> 00:12.160] to seize your property. [00:12.160 --> 00:15.840] As an example, if the government claims you owe unpaid taxes, [00:15.840 --> 00:18.520] government agents can't just break down your door [00:18.520 --> 00:19.960] and take your possessions. [00:19.960 --> 00:21.300] If they wanna get at what you own, [00:21.300 --> 00:23.880] they have to take you to civil court, win the case, [00:23.880 --> 00:25.240] get a judgment against you, [00:25.240 --> 00:28.400] and then obtain a court order to take your property. [00:28.400 --> 00:31.560] Only then can they seize your property. [00:31.560 --> 00:33.800] It should be noted that it's essentially [00:33.800 --> 00:36.320] the same process you'd have to engage in [00:36.320 --> 00:37.640] if someone didn't pay you [00:37.640 --> 00:39.560] what was owed in a business agreement. [00:39.560 --> 00:41.760] You can't just break into their business [00:41.760 --> 00:44.280] and take their property because they didn't pay you. [00:44.280 --> 00:46.500] You have to file a civil case, win the case, [00:46.500 --> 00:48.240] get a judgment, and then obtain a court order [00:48.240 --> 00:50.640] allowing you to take the person's property. [00:50.640 --> 00:52.200] In other words, whether it's a guy [00:52.200 --> 00:53.760] who showed you in a business deal [00:53.760 --> 00:56.740] or someone who failed to stay up to date on taxes, [00:56.740 --> 00:59.740] it's essentially the same process. [00:59.740 --> 01:02.140] In light of that, how come an IRS employee [01:02.140 --> 01:04.340] can pull a form out of his desk drawer, [01:04.340 --> 01:07.020] fill it out, mail it to your bank, [01:07.020 --> 01:09.180] and the bank will take your property [01:09.180 --> 01:11.140] and give it to the IRS? [01:11.140 --> 01:14.860] There are probably no more than maybe several hundred people [01:14.860 --> 01:16.780] in the country who understand the scam [01:16.780 --> 01:18.100] the government and the banks are running [01:18.100 --> 01:21.660] on the American people in regard to bank account levies. [01:21.660 --> 01:24.620] Stay with me and you're going to be floored [01:24.620 --> 01:27.940] by what's taking place behind the curtain. [01:27.940 --> 01:30.340] You're also going to learn how easy it is [01:30.340 --> 01:35.340] to stop the IRS dead in its tracks. [01:35.420 --> 01:40.420] The Dr. Reality Vodcast with Dave Champion. [01:51.060 --> 01:51.900] Let's start with this. [01:51.900 --> 01:53.900] I'm the author of Income Tax Shattering the Mist, [01:53.900 --> 01:55.820] the best-selling book in America [01:55.820 --> 01:57.220] that lays out the truth [01:57.220 --> 01:59.400] with mountains of incontrovertible evidence [01:59.400 --> 02:01.380] that Congress has never imposed the income tax [02:01.380 --> 02:04.460] on ordinary, hardworking Americans like you. [02:04.460 --> 02:05.340] I think you would agree [02:05.340 --> 02:08.460] that very few Americans know that truth. [02:08.460 --> 02:12.080] The average American lives in ignorance of tax law [02:12.080 --> 02:16.220] and keeps paying because he is too lazy to read a book, [02:16.220 --> 02:18.160] such as Income Tax Shattering the Mist, [02:18.160 --> 02:21.580] and act on what the law actually says. [02:21.620 --> 02:24.700] Thinking is hard, so Americans just keep doing [02:24.700 --> 02:27.020] what the government tells them. [02:27.020 --> 02:28.300] I should probably mention [02:28.300 --> 02:29.740] that I haven't filed an income tax return [02:29.740 --> 02:33.620] or paid a penny of income tax in 32 years. [02:33.620 --> 02:35.120] I'm the author of the best-selling book [02:35.120 --> 02:36.740] in the country on the subject. [02:36.740 --> 02:38.460] I speak nationally on it, [02:38.460 --> 02:42.580] and I put out prolific content on the subject, such as this. [02:42.580 --> 02:46.820] Not only that, but in 2012, DOJ's tax division admitted [02:46.820 --> 02:49.820] it possessed several copies of my book. [02:49.820 --> 02:53.420] Yet, here I sit, unmolested 32 years [02:53.420 --> 02:55.900] after filing my last return. [02:56.820 --> 03:00.640] Perhaps I know something you should know. [03:00.640 --> 03:02.140] We'll get to that in a minute. [03:02.140 --> 03:05.480] Some folks don't stay current on the income tax. [03:05.480 --> 03:08.660] They're too lazy to know they don't owe. [03:08.660 --> 03:11.440] In other words, they wrongly believe they owe it, [03:11.440 --> 03:13.460] but then they don't pay it. [03:13.460 --> 03:16.220] In some cases, after years of the IRS [03:16.220 --> 03:18.900] sending collection letters to a presumptive taxpayer, [03:18.900 --> 03:21.220] the IRS acts administratively [03:21.220 --> 03:24.380] to levy the taxpayer's bank account. [03:24.380 --> 03:27.540] Before I get into the nitty-gritty of the bank levy issue, [03:27.540 --> 03:30.100] I want to let you know that Americans who know the truth [03:30.100 --> 03:31.740] about the income tax [03:31.740 --> 03:35.180] and how to correctly communicate that to the IRS [03:35.180 --> 03:38.620] never have money seized from their bank accounts. [03:38.620 --> 03:42.440] For those who know what to say and how to say it, [03:42.440 --> 03:44.320] the IRS never contacts them again. [03:44.320 --> 03:45.160] If you need help with that, [03:45.200 --> 03:49.440] you can reach out to me at Dave at DrReality.News. [03:49.440 --> 03:53.480] There are three ways of addressing the income tax. [03:53.480 --> 03:57.080] Number one, unnecessarily surrender your property to them [03:57.080 --> 03:59.380] every year because you choose to remain ignorant. [03:59.380 --> 04:03.520] Number two, remain ignorant, but don't pay, [04:03.520 --> 04:05.480] in which case you'll likely experience [04:05.480 --> 04:06.920] what we're talking about today, [04:06.920 --> 04:08.900] which is having money taken from your bank account. [04:08.900 --> 04:12.280] And number three, learn the truth, [04:12.280 --> 04:17.280] keep your property and live without fear of the IRS. [04:18.480 --> 04:20.440] Number three sounds like the way to go to me [04:20.440 --> 04:23.240] and that is exactly what I've been doing for 32 years. [04:23.240 --> 04:25.960] But back to the issue of the bank taking money [04:25.960 --> 04:28.620] out of your account and giving us the IRS. [04:28.620 --> 04:31.500] There are a number of inaccurate explanations [04:31.500 --> 04:32.340] out there on this subject [04:32.340 --> 04:34.900] because people who've never read a word of law [04:34.900 --> 04:37.440] attempt to explain how their property can be taken by a bank [04:37.440 --> 04:38.640] and given to the IRS [04:38.640 --> 04:41.400] simply because someone at the IRS says so. [04:41.440 --> 04:43.940] I'm not gonna waste your time discussing that nonsense. [04:43.940 --> 04:46.480] We'll get straight into what is really happening. [04:47.560 --> 04:50.360] I'm recording this presentation 11 months [04:50.360 --> 04:53.160] after Donald Trump was sworn in as president [04:53.160 --> 04:55.140] for the second time. [04:55.140 --> 04:56.440] I think it's fair to say [04:56.440 --> 05:00.320] that most Americans have heard the words due process [05:00.320 --> 05:01.760] more in the last 11 months [05:01.760 --> 05:04.340] than in the entire rest of their lives. [05:04.340 --> 05:07.480] The context of the Trump era discussion about due process [05:07.480 --> 05:10.780] has generally been about whether it applies to aliens. [05:10.780 --> 05:12.900] Well, a lot of people are out there on social media [05:12.900 --> 05:15.780] screaming that aliens don't have the right to due process. [05:15.780 --> 05:18.140] That's not legally factual. [05:18.140 --> 05:20.100] The federal courts all the way up to [05:20.100 --> 05:21.380] and including the Supreme Court [05:21.380 --> 05:24.700] have held that aliens do have a right to due process. [05:24.700 --> 05:27.100] However, for aliens, [05:27.100 --> 05:30.420] it's a minimalistic or scaled down version. [05:30.420 --> 05:32.660] It is not the full-throated due process [05:32.660 --> 05:34.040] to which American citizens [05:34.040 --> 05:37.660] have a constitutionally enshrined right. [05:37.660 --> 05:40.460] The reality that aliens get a truncated version [05:40.460 --> 05:42.980] of due process begs two questions. [05:42.980 --> 05:45.540] First, what does the scaled down version [05:45.540 --> 05:47.480] of due process look like? [05:47.480 --> 05:50.860] And second, why are we discussing the limited form [05:50.860 --> 05:53.120] of due process that applies to aliens [05:53.120 --> 05:56.540] when the subject at hand is banks taking your money [05:56.540 --> 05:58.660] and giving it to the IRS? [05:58.660 --> 05:59.920] To understand the connection [05:59.920 --> 06:02.700] between the truncated due process extended to aliens [06:02.700 --> 06:04.900] and how that applies to your bank account, [06:04.900 --> 06:08.060] we need to discuss the IRS form W-9. [06:08.060 --> 06:11.140] I'll begin by discussing the W-9 in a general sense [06:11.140 --> 06:14.280] and then explain how it affects a bank account. [06:15.300 --> 06:19.420] What is the meaning of form W-9 in law? [06:19.420 --> 06:24.140] By that, I mean, what are you declaring about yourself [06:24.140 --> 06:28.520] under penalty of perjury when you sign a W-9? [06:28.520 --> 06:30.940] The public has no idea about the legal implications [06:30.940 --> 06:32.580] of signing any tax form. [06:32.580 --> 06:34.740] Americans sign all sorts of tax forms [06:34.740 --> 06:38.780] simply because someone told them to. [06:38.780 --> 06:41.420] Perhaps this is a good time to recall this quote [06:41.420 --> 06:43.580] from Thomas Jefferson. [06:43.580 --> 06:46.460] If a nation expects to be ignorant and free, [06:46.460 --> 06:50.120] it expects what never was and never will be. [06:50.120 --> 06:52.040] We can modify Jefferson's quote a bit [06:52.040 --> 06:55.500] to make it applicable to today's conversation. [06:55.500 --> 06:57.380] If Americans expect to be ignorant [06:57.380 --> 06:59.120] and free of the income tax, [06:59.120 --> 07:02.520] they expect what never was and never will be. [07:02.520 --> 07:03.960] So don't be ignorant. [07:03.960 --> 07:08.240] So what does a form W-9 mean in tax law? [07:08.240 --> 07:12.840] It means this, the person signing a W-9 [07:12.840 --> 07:15.640] is attesting under penalty of perjury [07:15.640 --> 07:20.040] that the money he is receiving does not belong to him, [07:20.040 --> 07:24.680] but belongs to the non-resident alien or foreign corporation [07:24.680 --> 07:28.320] for whom he is acting as the US agent. [07:28.320 --> 07:30.400] Now, some of you who own your own businesses [07:30.400 --> 07:32.840] and have signed a lot of W-9s over the years [07:32.840 --> 07:35.080] may be saying, that's nonsense. [07:35.080 --> 07:36.600] I've been signing W-9s forever. [07:36.600 --> 07:38.880] No one ever said that's what the form means. [07:40.240 --> 07:41.240] I get it. [07:41.240 --> 07:42.720] More than three decades ago [07:42.720 --> 07:44.920] when I owned several businesses in California [07:44.920 --> 07:46.600] and I had never read a word of tax law, [07:46.600 --> 07:50.100] I also signed W-9s without bothering to consider [07:50.100 --> 07:53.320] what they meant or the consequences of signing them. [07:53.320 --> 07:55.300] But here's the thing. [07:55.300 --> 07:57.740] The fact that no one told you [07:57.740 --> 08:00.600] that's what a W-9 means in law [08:00.600 --> 08:05.220] doesn't change the fact that is precisely what it means. [08:05.220 --> 08:09.280] About a year ago, I did a whiteboard presentation on the W-9 [08:09.280 --> 08:12.140] that many people found particularly informative. [08:12.140 --> 08:14.080] I'll put the link to that down in the notes. [08:14.080 --> 08:16.160] Now that you know what the W-9 means in law, [08:16.160 --> 08:20.120] let's examine how it impacts your bank account. [08:20.120 --> 08:23.240] Every single financial institution in America [08:23.240 --> 08:26.420] demands a W-9 as a condition of opening an account. [08:26.420 --> 08:28.960] In other words, every financial institution in America [08:28.960 --> 08:32.320] demands that you commit perjury [08:32.320 --> 08:34.820] by swearing that you're acting as the domestic agent [08:34.820 --> 08:37.520] for a foreign person with US or Sinkum. [08:37.520 --> 08:40.120] That practice needs to be challenged in court [08:40.120 --> 08:42.320] in a class action suit. [08:42.320 --> 08:45.360] Perhaps that's a subject for another presentation. [08:45.360 --> 08:48.620] So what exactly does it mean [08:48.620 --> 08:53.240] when you open an account with a form W-9? [08:53.240 --> 08:54.840] Are you ready? [08:54.840 --> 08:57.720] The government's perspective on any financial account [08:57.720 --> 09:00.560] opened with a W-9 is that the account holder is stating [09:00.560 --> 09:02.360] under a penalty of perjury [09:02.360 --> 09:03.600] that the purpose of the account [09:03.600 --> 09:07.960] is to receive US or Sinkum belonging to the foreign person [09:07.960 --> 09:10.760] for whom the account holder is acting as the domestic agent. [09:10.760 --> 09:13.460] In other words, although your name is on the account, [09:13.460 --> 09:14.720] the government's position is [09:14.720 --> 09:17.600] that the funds in the account do not belong to you. [09:17.600 --> 09:19.000] They belong to the foreign person [09:19.000 --> 09:21.400] for whom you're acting as the domestic agent. [09:21.400 --> 09:23.360] Now that we know the government deems the funds [09:23.360 --> 09:26.240] in your account to belong to a foreign person, [09:26.240 --> 09:30.920] let's return to the truncated due process for aliens. [09:30.920 --> 09:33.080] When property belongs to an American citizen, [09:33.080 --> 09:34.840] the Fourth Amendment generally prohibits seizure [09:34.840 --> 09:36.520] without prior judicial review [09:36.520 --> 09:39.760] by a judge in the judicial branch. [09:39.760 --> 09:43.280] At the federal level, that's known as an Article III judge. [09:43.280 --> 09:46.000] An opportunity for judicial review prior to seizure [09:46.000 --> 09:48.400] of a citizen's property is a requirement [09:48.400 --> 09:51.520] under the Constitution's due process provision. [09:51.520 --> 09:55.240] But that's not true for aliens. [09:55.240 --> 09:57.540] In most circumstances, due process for aliens [09:57.540 --> 10:02.280] is limited to administrative due process. [10:02.280 --> 10:04.640] Administrative due process is due process [10:04.640 --> 10:09.640] before an agency, not a court of the judicial branch. [10:10.440 --> 10:14.520] The courts in which aliens appear are not real courts. [10:14.520 --> 10:16.160] They are administrative tribunals [10:16.160 --> 10:19.080] that are in legal reality, part of the agency. [10:19.080 --> 10:20.920] They are merely called courts, [10:20.920 --> 10:23.080] and the judges who sit on the bench of those tribunals [10:23.120 --> 10:25.240] are not employees of the judicial branch. [10:25.240 --> 10:28.560] Such courts are known in law as Article I courts [10:28.560 --> 10:31.360] because they're created by congressional legislation, [10:31.360 --> 10:33.480] whereas judicial branch courts are established [10:33.480 --> 10:35.840] by Article III of the Constitution. [10:35.840 --> 10:38.800] When it comes to aliens, most determinations made [10:38.800 --> 10:42.000] by an agency tribunal, improperly called a court, [10:42.000 --> 10:45.900] are not reviewable by a real court. [10:45.900 --> 10:49.760] That means, in most cases, the agency operating [10:49.760 --> 10:53.560] in the form of a pseudo court has the final say. [10:53.560 --> 10:55.700] I hope that makes clear the distinction [10:55.700 --> 10:58.720] between the type of due process you and I enjoy [10:58.720 --> 11:01.620] versus the truncated version of due process [11:01.620 --> 11:03.240] provided to aliens. [11:03.240 --> 11:06.660] Before I continue, if you enjoy this kind of knowledge [11:06.660 --> 11:08.160] that you'll never get from any source [11:08.160 --> 11:11.280] other than this channel, please take a moment to subscribe [11:11.280 --> 11:12.940] and hit the like button so the algorithm [11:12.940 --> 11:15.400] show this content to more people. [11:15.400 --> 11:16.560] Thank you. [11:16.560 --> 11:18.480] At this point, of necessity, [11:18.480 --> 11:22.760] we need to take a quick detour to touch upon tax returns. [11:22.760 --> 11:25.320] Just like the W-9 we discussed earlier, [11:25.320 --> 11:27.280] Americans never bother to ask [11:27.280 --> 11:30.320] what signing a tax return means. [11:30.320 --> 11:32.720] They know it means they certify under penalty of perjury [11:32.720 --> 11:34.660] that the numbers are factual, [11:34.660 --> 11:36.940] but they are completely unaware that signing a return [11:36.940 --> 11:40.600] also certifies their status. [11:40.600 --> 11:43.080] Status is a pivotal word in tax law. [11:43.080 --> 11:46.360] Everything keys off of one's status. [11:46.360 --> 11:48.920] I don't want to get bogged down with the underlying law [11:48.920 --> 11:51.000] that's relevant to each of the tax returns [11:51.000 --> 11:51.880] I'm going to mention. [11:51.880 --> 11:53.880] So if you want to see all the legal evidence [11:53.880 --> 11:55.000] of what I'm about to share, [11:55.000 --> 11:57.640] you'll find it in income tax shattering the miss. [11:57.640 --> 11:59.960] As a side note, I'm currently running a special [11:59.960 --> 12:01.160] on income tax shattering the miss. [12:01.160 --> 12:04.020] I'll give you the details about that towards the end. [12:04.020 --> 12:06.540] According to the U.S. Secretary of the Treasury, [12:06.540 --> 12:10.040] form 1040 is only to be used by a non-resident alien [12:10.040 --> 12:10.920] with U.S. source income [12:10.920 --> 12:14.880] or the non-resident alien's domestic agent. [12:14.920 --> 12:17.240] According to the U.S. Secretary of the Treasury, [12:17.240 --> 12:19.200] form 1120 is only to be filed [12:19.200 --> 12:23.280] by a foreign corporation with U.S. source income. [12:23.280 --> 12:25.440] According to the U.S. Secretary of the Treasury, [12:25.440 --> 12:28.000] form 1065 is only to be filed [12:28.000 --> 12:31.720] by a foreign partnership with U.S. source income. [12:31.720 --> 12:34.080] For simplicity, we'll use the 1040 [12:34.080 --> 12:39.080] to illustrate how your status is baked into tax returns. [12:39.880 --> 12:42.240] The IRS states that all tax forms [12:42.240 --> 12:44.800] that are required to be signed under penalty of perjury [12:45.680 --> 12:49.440] must be signed in an unqualified manner. [12:49.440 --> 12:52.200] What that means is the signer is agreed [12:52.200 --> 12:55.600] under penalty of perjury with everything on the form, [12:55.600 --> 12:57.480] everything in the instructions, [12:57.480 --> 13:00.800] as well as all relevant information in the statutes, [13:00.800 --> 13:03.720] the regs, and treasury decisions, [13:03.720 --> 13:08.720] none of which the signer has ever read. [13:08.920 --> 13:11.360] Because the 1040 is, according to the Secretary [13:11.360 --> 13:13.380] of the Treasury and his treasury decisions, [13:13.380 --> 13:16.540] to be used only by a non-resident alien [13:16.540 --> 13:19.580] with U.S. source income or by the alien's U.S. agent, [13:19.580 --> 13:21.060] when you sign a 1040, [13:21.060 --> 13:23.300] you are declaring under penalty of perjury [13:23.300 --> 13:26.500] that you are a non-resident alien with U.S. source income [13:26.500 --> 13:29.420] or an agent for the alien. [13:29.420 --> 13:31.140] Having a certified to the IRS [13:31.140 --> 13:34.940] that you are a non-resident alien or an agent thereof, [13:34.940 --> 13:36.860] if you don't pay your income tax, [13:36.860 --> 13:38.820] the IRS begins the process of attempting [13:38.820 --> 13:41.460] to collect the unpaid amount. [13:41.460 --> 13:45.020] That process includes extending you due process. [13:45.020 --> 13:49.220] However, since you certified under penalty of perjury [13:49.220 --> 13:51.860] that you're an alien or are the agent of an alien, [13:51.860 --> 13:56.740] you are only entitled to the truncated due process [13:56.740 --> 13:58.100] for aliens. [13:58.100 --> 14:00.940] Making things worse is that you're completely oblivious [14:00.940 --> 14:02.660] to the fact that the IRS's claim against you [14:02.660 --> 14:04.260] is based on you swearing [14:04.260 --> 14:07.020] that you're a non-resident alien with U.S. source income [14:07.020 --> 14:10.660] or you're acting as the agent for the non-resident alien. [14:10.660 --> 14:13.140] Because the IRS is coming after an American [14:13.140 --> 14:16.300] who has never read a word of tax law, [14:16.300 --> 14:19.380] he has no idea that the IRS is pursuing him [14:19.380 --> 14:23.860] as a non-resident alien or the domestic agent thereof. [14:23.860 --> 14:26.740] In his ignorance, he repeatedly fails [14:26.740 --> 14:29.140] to make the correct responses to the IRS. [14:29.140 --> 14:32.460] After a couple of years of incorrect responses to the IRS, [14:32.460 --> 14:36.340] the IRS decides to go after the guy's bank account. [14:36.340 --> 14:38.660] That brings us back around [14:38.660 --> 14:41.820] to the actions of financial institutions. [14:41.820 --> 14:45.260] In law, there are only three types of customers [14:45.260 --> 14:48.780] who are required to provide a taxpayer identification number [14:48.780 --> 14:50.580] when opening an account. [14:50.580 --> 14:54.260] Those three are a non-resident alien [14:54.260 --> 14:56.300] receiving U.S. source income, [14:56.300 --> 15:00.020] a foreign corporation receiving U.S. source income, [15:00.020 --> 15:02.060] a U.S. person opening an account [15:02.060 --> 15:05.460] for the purpose of receiving the U.S. source income [15:05.460 --> 15:07.580] belonging to a foreign person [15:07.580 --> 15:11.380] for whom the U.S. person is the domestic agent. [15:11.380 --> 15:15.420] All three of those persons are taxpayers. [15:15.420 --> 15:17.260] If you're not one of these three, [15:17.260 --> 15:19.580] then in so far as income tax is concerned, [15:19.580 --> 15:22.700] you are not a taxpayer. [15:22.700 --> 15:25.620] Because those are the only three persons required by law [15:25.620 --> 15:27.900] to provide a taxpayer identification number, [15:27.900 --> 15:29.700] the legal presumption by the government [15:29.700 --> 15:31.180] concerning every account [15:31.180 --> 15:34.580] opened with a taxpayer identification number, [15:34.580 --> 15:36.620] is the property in those accounts [15:36.620 --> 15:41.100] is U.S. source income belonging to a foreign person. [15:41.100 --> 15:42.580] Let me give you an illustrative example [15:42.580 --> 15:44.060] of how the government sees accounts [15:44.060 --> 15:46.620] opened with a taxpayer identification number. [15:46.620 --> 15:50.100] If the IRS has an assessment against the taxpayer [15:50.100 --> 15:52.220] with the taxpayer identification number [15:52.220 --> 15:54.860] of 123456789 [15:54.860 --> 15:56.620] and the taxpayer identification number [15:56.620 --> 16:00.500] associated with the bank account, 123456789, [16:00.500 --> 16:02.220] then the government's perspective [16:02.260 --> 16:05.980] is that they can seize the non-resident alien's money [16:05.980 --> 16:07.340] from the account [16:07.340 --> 16:10.420] after having extended the non-resident alien [16:10.420 --> 16:15.420] only the truncated agency administrative due process. [16:15.980 --> 16:18.900] I should add that when addressing tax matters [16:18.900 --> 16:20.260] administratively with the IRS, [16:20.260 --> 16:24.980] the burden of proof rests with the alien or his agent, [16:24.980 --> 16:26.660] not the government. [16:26.660 --> 16:29.900] But get this, if you know what to say to the IRS, [16:29.900 --> 16:32.980] the burden of proof to prove you are a taxpayer [16:32.980 --> 16:34.220] shifts to the government. [16:35.100 --> 16:36.540] But I digress. [16:36.540 --> 16:39.300] Allow me to share with you some real world evidence [16:39.300 --> 16:44.300] proving that banks completely misuse the form W-9. [16:44.300 --> 16:46.780] What I'm about to show you is a screenshot [16:46.780 --> 16:49.580] of a response sent by a major national bank [16:49.580 --> 16:53.180] to an account holder who wrote a letter to the institution. [16:53.180 --> 16:55.700] In the letter, the account holder clarified [16:55.700 --> 16:58.980] that despite being required to sign a W-9 [16:58.980 --> 17:01.260] as a condition of opening the account, [17:01.260 --> 17:03.740] he is not the domestic agent of a foreign person [17:03.740 --> 17:06.140] nor any of the money going into the account, [17:06.140 --> 17:08.740] the property of a foreign person. [17:08.740 --> 17:10.100] For privacy reasons, [17:10.100 --> 17:12.740] I'm gonna refer to the bank as state bank [17:12.740 --> 17:15.700] and change the account number to the last four [17:15.700 --> 17:17.100] to 1234. [17:17.100 --> 17:19.500] I'm also blocking out the marketing name [17:19.500 --> 17:21.060] of the type of account [17:21.060 --> 17:22.860] because that could identify the bank. [17:22.860 --> 17:25.100] Because I know the type will be small on the screen, [17:25.100 --> 17:27.380] I'll read aloud what the bank said. [17:27.380 --> 17:29.660] The bank wrote this. [17:29.660 --> 17:32.860] State bank recognizes that you are not acting [17:32.860 --> 17:35.580] as a domestic agent for any foreign persons. [17:35.580 --> 17:38.020] We also recognize that no funds deposited [17:38.020 --> 17:41.140] in the state bank checking account ending in 1234 [17:41.140 --> 17:43.420] will be United States source income [17:43.420 --> 17:45.740] belonging to a foreign person. [17:45.740 --> 17:48.060] United States Treasury regulations require us [17:48.060 --> 17:51.060] to determine the tax residency of all customers [17:51.060 --> 17:53.460] and payees who could receive income [17:53.460 --> 17:56.020] that is reportable to the Internal Revenue Service. [17:56.060 --> 18:00.700] We use Form W-9 to document US tax residency [18:00.700 --> 18:03.140] and obtain a taxpayer identification number [18:03.140 --> 18:05.380] from the primary owner of each account. [18:05.380 --> 18:07.180] Form W-9 is used to ensure [18:07.180 --> 18:10.460] the customer's taxpayer identification number is correct [18:10.460 --> 18:13.940] when a state bank deposit account application is submitted [18:13.940 --> 18:16.140] and the account is opened. [18:16.140 --> 18:17.340] I wanna draw your attention [18:17.340 --> 18:20.420] to two particular sentences in the letter. [18:20.420 --> 18:22.420] The first is this, quote, [18:22.420 --> 18:25.460] United States Treasury regulations require us [18:25.460 --> 18:30.020] to determine the tax residency of all customers and payees [18:30.020 --> 18:32.420] who could receive income that is reportable [18:32.420 --> 18:34.620] to the Internal Revenue Service. [18:34.620 --> 18:38.020] Fair enough, but according to Treasury decisions 8734 [18:38.020 --> 18:43.020] and 8881, reportable income is only US source income [18:43.220 --> 18:44.820] belonging to a foreign person, [18:44.820 --> 18:46.580] whether paid directly to the foreign person [18:46.580 --> 18:48.540] or to the foreign person's domestic agent. [18:48.540 --> 18:51.580] In other words, if a bank pays interest to an account holder [18:51.580 --> 18:52.940] who is an American citizen [18:52.940 --> 18:55.220] with no connection to a foreign person, [18:55.220 --> 18:57.180] the interest payment is not subject [18:57.180 --> 18:58.660] to income tax reporting [18:58.660 --> 19:03.660] and therefore no taxpayer identification number is required. [19:04.100 --> 19:06.380] Yet the bank never asks the status [19:06.380 --> 19:08.220] of the person opening an account. [19:08.220 --> 19:10.740] The bank acts like it has to file information returns [19:10.740 --> 19:15.740] on everyone, which is absolutely not what the law says. [19:16.900 --> 19:20.980] The second sentence to which I draw your attention is this, quote, [19:20.980 --> 19:24.540] we use Form W-9 to document US tax residency [19:24.540 --> 19:26.660] obtaining taxpayer identification number [19:26.660 --> 19:29.780] from the primary owner of each account. [19:29.780 --> 19:33.900] So here's the thing, how the bank said it is using the W-9 [19:33.900 --> 19:36.780] is not in compliance with the legal purpose of the form. [19:36.780 --> 19:41.340] There is one and only one legal purpose for the W-9. [19:41.340 --> 19:44.060] That purpose is to obtain a taxpayer identification number [19:44.060 --> 19:47.340] from a US person who is acting as the domestic agent [19:47.340 --> 19:48.540] of a foreign person. [19:48.540 --> 19:52.900] In fact, signing a W-9 is declaring under penalty of perjury [19:52.940 --> 19:55.140] that the signer is acting as the domestic agent [19:55.140 --> 19:56.700] of a foreign person. [19:56.700 --> 19:58.980] Additionally, the account holder's letter [19:58.980 --> 20:01.540] to the bank said this, quote, [20:01.540 --> 20:04.180] the legal meaning and purpose of Form W-9 [20:04.180 --> 20:05.620] is that the signer is attesting [20:05.620 --> 20:07.900] that the income he, she is receiving [20:07.900 --> 20:09.900] does not belong to him, her, [20:09.900 --> 20:11.860] but belongs to a foreign person [20:11.860 --> 20:14.620] for whom the signer is acting as the domestic agent. [20:14.620 --> 20:17.860] See Treasury Decisions 8734 and 8881. [20:18.780 --> 20:22.460] I hope you noted that while the bank said it used the W-9 [20:22.460 --> 20:26.580] for a different purpose than the form has in law, [20:26.580 --> 20:28.140] at no time did the bank claim [20:28.140 --> 20:29.940] that the account holder's characterization [20:29.940 --> 20:33.580] of the legal purpose of the W-9 was inaccurate. [20:33.580 --> 20:35.460] My reading of the bank's response [20:35.460 --> 20:37.180] is that it simply wants the account holder [20:37.180 --> 20:39.820] to look the other way [20:39.820 --> 20:42.860] concerning the bank's unlawful use of the W-9 [20:42.860 --> 20:46.020] because the bank's written response admits [20:46.020 --> 20:49.100] it's using the form in an illegal manner. [20:49.100 --> 20:51.100] Phrased another way, the bank is saying [20:51.100 --> 20:53.980] that because it's using the form in an illegal manner, [20:53.980 --> 20:55.860] it is not going to hold the account holder [20:55.860 --> 20:58.060] to the legal meaning of the form. [20:58.060 --> 21:00.300] But there's a problem with that. [21:00.300 --> 21:02.620] Signing the W-9 under penalty of perjury [21:02.620 --> 21:05.180] has the implications and consequences [21:05.180 --> 21:08.460] that the Secretary of the Treasury says it has [21:08.460 --> 21:10.820] in his Treasury Decisions. [21:10.820 --> 21:13.220] The bank's admission that it's using the form [21:13.220 --> 21:16.380] for an unlawful, unapproved purpose [21:16.380 --> 21:20.500] cannot and does not change the legal meaning [21:20.500 --> 21:21.940] and purpose of the form, [21:21.940 --> 21:24.860] nor does it change how the IRS views the form. [21:24.860 --> 21:26.340] No matter what the bank says, [21:26.340 --> 21:28.860] the IRS still sees the signers having declared [21:28.860 --> 21:30.220] under penalty of perjury [21:30.220 --> 21:31.740] to be receiving U.S. source income [21:31.740 --> 21:33.420] belonging to the foreign person [21:33.420 --> 21:36.660] for whom the signer is acting as the domestic agent. [21:36.660 --> 21:40.860] So why doesn't the bank simply create its own private form [21:40.860 --> 21:42.940] asking the account holder to provide his [21:42.940 --> 21:44.940] or her taxpayer identification number [21:44.940 --> 21:46.140] under penalty of perjury? [21:46.900 --> 21:51.900] Because the bank has no authority in law to do that. [21:52.780 --> 21:56.820] All taxation is imposed by the government. [21:56.820 --> 21:59.020] Any actions by private sector entities [21:59.020 --> 22:02.540] regarding taxation must be based on the law. [22:02.540 --> 22:05.580] Only the government can mandate via law [22:05.580 --> 22:08.300] that this person or that person must sign a tax form. [22:08.300 --> 22:12.260] That's why all tax forms are government forms. [22:12.260 --> 22:15.300] While we're discussing that only the government can mandate [22:15.300 --> 22:16.820] that a person sign a tax form, [22:16.820 --> 22:19.380] let's revisit the short list of who is required [22:19.380 --> 22:20.980] to sign income tax forms. [22:20.980 --> 22:22.980] That short list is this, [22:22.980 --> 22:25.900] non-resident aliens receiving U.S. source income, [22:25.900 --> 22:29.500] foreign corporations receiving U.S. source income, [22:29.500 --> 22:32.340] and U.S. persons receiving U.S. source income [22:32.340 --> 22:34.460] belonging to a foreign person [22:34.460 --> 22:37.900] for whom the U.S. person is the domestic agent. [22:37.900 --> 22:39.940] Since you're not any of those, [22:39.940 --> 22:41.620] where would the bank get the legal authority [22:41.780 --> 22:46.100] to demand a taxpayer identification from you? [22:46.100 --> 22:49.340] It doesn't have that authority, clearly, [22:49.340 --> 22:51.660] which is why it unlawfully and fraudulently [22:51.660 --> 22:53.260] forces people opening accounts [22:53.260 --> 22:54.900] to use a government form W-9. [22:55.780 --> 22:59.220] This process may seem as if the left hand [22:59.220 --> 23:01.140] doesn't know what the right hand is doing, [23:01.140 --> 23:03.100] but that's not the case. [23:03.100 --> 23:05.260] The people at the top of the income tax system [23:05.260 --> 23:07.060] and the senior lawyers for the banks [23:07.060 --> 23:09.100] know exactly what they're doing. [23:09.100 --> 23:12.420] Yet, account holders can't resolve the problem [23:12.420 --> 23:14.140] because the millions of people [23:14.140 --> 23:17.020] who work at the lower levels of the financial institutions [23:17.020 --> 23:19.900] don't know any of what we've discussed today. [23:19.900 --> 23:23.100] Because of that, when an account holder brings these problems [23:23.100 --> 23:25.020] to the attention of a customer service rep, [23:25.020 --> 23:27.380] they provide nonsense responses, [23:27.380 --> 23:29.900] as you saw today in the bank's letter. [23:29.900 --> 23:32.700] Furthermore, if someone in a bank's customer service [23:32.700 --> 23:34.180] department were to learn the truth [23:34.180 --> 23:35.660] we've been discussing today, [23:35.660 --> 23:37.660] and open accounts without W-9s [23:37.660 --> 23:40.060] or upon request of the account holder [23:40.060 --> 23:42.580] remove the taxpayer identification number [23:42.580 --> 23:46.620] from the accounts belonging to ordinary Americans, [23:46.620 --> 23:50.660] he or she would be promptly fired. [23:50.660 --> 23:53.300] And to be clear, that person would be fired [23:53.300 --> 23:58.300] for following the law while the faceless people upstairs [23:58.380 --> 24:02.660] who ordered the firings are knowingly violating the law. [24:02.660 --> 24:04.780] So what happens when an American gets a notice [24:04.780 --> 24:06.980] that his bank account is going to be levied, [24:07.020 --> 24:09.980] and he knows something about his constitutional rights, [24:09.980 --> 24:12.900] but nothing about tax law? [24:12.900 --> 24:14.860] Understanding that seizure of property [24:14.860 --> 24:17.540] without judicial review is unconstitutional, [24:17.540 --> 24:20.260] he files an emergency petition with a federal court [24:20.260 --> 24:22.820] seeking to have the court enjoin the IRS [24:22.820 --> 24:24.980] from the seizure of his property [24:24.980 --> 24:27.860] for lack of constitutionally required [24:27.860 --> 24:30.380] pre-seizure judicial review. [24:30.380 --> 24:32.700] The government files a request for summary judgment, [24:32.700 --> 24:34.340] submitting to the court document [24:34.340 --> 24:36.460] showing that the plaintiff opened the account [24:36.460 --> 24:39.860] using a taxpayer identification number. [24:39.860 --> 24:41.420] The judge knows the only time [24:41.420 --> 24:43.580] a taxpayer identification number is required [24:43.580 --> 24:46.580] is when a person is engaged in taxable activity, [24:46.580 --> 24:48.340] or go, if the account was opened [24:48.340 --> 24:50.060] with a taxpayer identification number, [24:50.060 --> 24:52.660] then the account holder already confirmed [24:52.660 --> 24:56.860] the purpose of the account is income taxable activity, [24:56.860 --> 24:58.900] and thus, after having received [24:58.900 --> 25:03.900] only administrative due process, the property can be levied. [25:04.340 --> 25:06.980] The reality is, if a person is having his account levied, [25:06.980 --> 25:11.700] he screwed up every step of the way on the road to the levy, [25:11.700 --> 25:14.940] which is a years-long process. [25:14.940 --> 25:17.700] But given his complete ignorance about Form W-9 [25:17.700 --> 25:19.900] and what providing a taxpayer identification number [25:19.900 --> 25:24.340] means in law, how could he not have screwed up? [25:24.340 --> 25:28.340] The good news is it's easy to stop the IRS [25:28.340 --> 25:31.580] dead in its tracks. [25:31.620 --> 25:33.940] But you have to know what the law says [25:33.940 --> 25:37.900] and communicate it to the IRS, or state tax agency, [25:37.900 --> 25:42.980] in a way they are legally required to hear you. [25:42.980 --> 25:45.020] In other words, there are two elements [25:45.020 --> 25:47.380] involved in stopping the IRS. [25:47.380 --> 25:49.780] One is understanding the law. [25:49.780 --> 25:52.420] The other is knowing how to communicate the law [25:52.420 --> 25:56.340] and the facts to the IRS or a state tax agency [25:56.340 --> 26:00.740] in a manner that legally requires them to act upon it. [26:01.820 --> 26:03.900] How does one gain the correct understanding [26:03.900 --> 26:04.980] of income tax law? [26:04.980 --> 26:06.780] Well, that's simple. [26:06.780 --> 26:09.100] Read income tax, shattering the mess. [26:09.100 --> 26:12.140] Every one of the tens of thousands of Americans [26:12.140 --> 26:14.060] who've read income tax, shattering the mess, [26:14.060 --> 26:15.660] when they have turned that final page, [26:15.660 --> 26:17.740] knows with absolute certainty [26:17.740 --> 26:21.500] that the tax does not apply to them. [26:21.500 --> 26:23.380] What about communicating the facts and law [26:23.380 --> 26:25.460] to the IRS or state tax agency [26:25.460 --> 26:29.220] in the manner that legally requires them to act on it? [26:29.220 --> 26:30.740] Well, that's where I come in. [26:30.780 --> 26:34.020] If you've got a problem and want it to evaporate, [26:34.020 --> 26:38.500] drop me a line at Dave at DrReality.News. [26:38.500 --> 26:40.820] This is a great time to get a copy [26:40.820 --> 26:42.020] of income tax, shattering the mess, [26:42.020 --> 26:45.420] because I'm running my big annual Christmas special. [26:45.420 --> 26:48.700] When you use the coupon code XMAS25 at checkout, [26:48.700 --> 26:50.780] I'll inscribe and autograph [26:50.780 --> 26:52.580] your copy of income tax, shattering the mess, [26:52.580 --> 26:54.820] and you get free shipping. [26:54.820 --> 26:55.900] But that's not all. [26:55.900 --> 26:58.340] If your order also contains body science, [26:58.380 --> 27:01.940] I'll inscribe and autograph both books for you. 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[28:48.860 --> 28:51.060] Remember to use the coupon code XMAS25 [28:51.060 --> 28:54.060] to have me personally inscribe and autograph your books [28:54.060 --> 28:56.180] and get free shipping on any order [28:56.180 --> 28:58.940] containing income tax shadowing the mist. [28:58.940 --> 29:01.540] Also, purchasing any of my writings [29:01.540 --> 29:03.700] helps me to continue to be here for you [29:03.700 --> 29:06.580] with these revealing and thought provoking presentations. [29:06.580 --> 29:10.260] If you found today's content intriguing and compelling, [29:10.260 --> 29:11.620] please help spread the word [29:11.620 --> 29:13.980] by sharing this video far and wide. [29:13.980 --> 29:15.620] Thank you for sharing your time with me today. [29:15.620 --> 29:17.820] I hope you consider time well spent. [29:19.100 --> 29:20.340] And I'll see you next time. [29:20.340 --> 29:21.180] Bye.